Moveable Transactions (Scotland) Act 2023

Rules

39 Rules

(1) The Scottish Ministers may by regulations make rules (“RoA Rules”)—

(a) about the making up and keeping of the register,

(b) about the procedure in relation to applications for registration under section 23(1),

(c) about searches in the register and the results of those searches,

(d) about the required form and content of any document or information to be used in relation to the register,

(e) requiring there to be entered in the assignations record or the archive record such information as is specified in the rules, or

(f) regarding other matters in relation to registration under this Part, being matters for which the Scottish Ministers consider it necessary or expedient to provide in order to give full effect to the purposes of this Part.

(2) RoA Rules under subsection (1) may, in particular, include provision—

(a) about the identification, in any application and in the register, of any person or claim, including—

(i) how the proper form of a person’s name is to be determined, and

(ii) where the person has an identifying number (whether of numerals or of letters and numerals) allocated to the person, whether that number must be used in identifying the person,

(b) about the nature of the address of the assignor or the assignee to be included in an entry in the register,

(c) about the degree of precision with which time is to be recorded in the register,

(d) about information which, though contained in an assignation document, need not be included in a copy of that document submitted with an application under section 23(1),

(e) about whether a signature contained in an assignation document need be included in a copy of that document so submitted,

(f) about information which, though contained in the register, is not to be—

(i) available to persons searching it, or

(ii) included in any extract issued under section 35,

(g) about when the register is open for—

(i) registration,

(ii) searches.

(3) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult the Keeper.