Moveable Transactions (Scotland) Act 2023

33 Searching the assignations record

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

(2) That search facility must allow the assignations 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 assignors, which must be capable of being searched with and without the months and years of birth of assignors who are individuals,

(ii) the identifying numbers of assignors required by RoA Rules to be identified in the assignations record by such a number,

(b) registration numbers allocated, under section 25(1)(b), to entries in that record, or

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

(3) Subject to any restrictions imposed under RoA Rules, a person may search the assignations 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 assignations 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).