Structure and contents of the register
Section 20 – The parts of the register
109.This section provides that the Keeper must make up and maintain, as parts of the register, the assignations record and the archive record (see sections 21 and 22).
Section 21 – The assignations record
110.This section sets out the information which must be included in an entry in the assignations record, and provides that the assignations record is the totality of such entries.
111.The information which must be included is largely self-explanatory. However, subsection (1)(k) requires the inclusion of any other information that is required under the Act. That might include, for example, information relating to a correction that is noted on the entry under section 30(2)(a).
112.The details of the assignee will be included in an entry in the assignations record, but a search against the assignee is not permitted under section 33 of the Act (unless the Scottish Ministers specify in RoA Rules made under section 39 of the Act that such a search is permitted). It will, however, be possible for an entitled person (within the meaning given in section 36 of the Act) to request certain information about the assignation from the assignee.
113.An assignor or assignee may be a legal person with an identifying number, such as a UK limited company or limited liability partnership. The Scottish Ministers will be able to specify that these identifying numbers are to be included in the entry in the assignations record: see section 39(2)(a)(ii) of the Act.
114.This section provides that an entry in the assignations record must include a copy of the assignation document. The Scottish Ministers may, however, specify in RoA Rules that information in the record, including information in the assignation document, will not be disclosed in a search of the RoA in order to protect confidential information of the parties (see section 39(2)(f)). Rules can also be made about information which can be redacted in the copy of the assignation document which is submitted (see section 39(2)(d) and (e)).
Section 22 – The archive record
115.This section sets out that the archive record consists of—
first, all entries and copy documents which have been transferred to that record from the assignations record as a result of the correction of the assignations record (whether because an entry has been removed from the assignations record in its entirety, or whether a document on the assignations record has been replaced),
second, copies of any document which discloses, or contributes to disclosing an inaccuracy in respect of which a correction has been made,
third, any other documents the Keeper considers it appropriate to include, and
fourth, any other information required to be entered in the record by RoA Rules.
116.Entries will not move from the assignation record to the archive record simply because the claim which is the subject of the assignation is performed. The assignations record is simply a record of assignation documents which have been granted and which the assignee has chosen to register. It is a snapshot of a moment in time, rather than an ongoing reflection of the status of the claim. However, an entry may be transferred to the archive record if a correction is made to reflect the fact that the entry should never have been created. For example, if a fraudulent assignation document is registered, a correction may be made to remove the entry.
