Moveable Transactions (Scotland) Act 2023

104 Searching the statutory pledges record

(1) The Keeper must provide a facility by which the statutory pledges record may be searched.

(2) That search facility must allow the statutory pledges record to be searched by reference to, and only by reference to—

(a) any of the following information in the entries contained in that record—

(i) the names of providers, which must be capable of being searched with and without the months and years of birth of providers who are individuals,

(ii) the identifying numbers of providers required by RSP Rules to be identified in the statutory pledges record by such a number,

(iii) if RSP Rules require the encumbered property to be identified (whether by an identifying number or in some other way), by reference to such identification,

(b) registration numbers allocated, under section 87(1)(b), to entries in that record, or

(c) any other factor, or characteristic, specified for the purposes of this paragraph by RSP Rules.

(3) Subject to any restrictions imposed under RSP Rules, a person may search the statutory pledges record using the search facility provided under subsection (1) provided that either—

(a) such fee as is payable for the search is paid, or

(b) arrangements satisfactory to the Keeper are made for payment of that fee. 

(4) But no fee is payable for a search of the statutory pledges record which is carried out on behalf of an individual by a not-for-profit money adviser (being an adviser who does not charge individuals for the adviser’s services).

(5) The Scottish Ministers may, by regulations, make further provision about the meaning of “not-for-profit money adviser” for the purposes of subsection (4).