Commentary on Sections Part 2 – Security over Moveable Property Register of Statutory Pledges Section 81 – The Register of Statutory Pledges
348.Subsection (1) establishes the new register in which statutory pledges are to be registered. The register is to be known as the Register of Statutory Pledges (“RSP”).
349.Subsection (2) provides that the register is to be under the management of the Keeper of the Registers of Scotland. Various provisions in this Chapter also require payment of a fee to the Keeper for certain things. The Keeper has powers under section 110 of the Land Registration etc. (Scotland) Act 2012 to set the level of fees payable in relation to any register under the Keeper’s management and control. As such, the effect of subsection (2) is also that these powers apply automatically to the RSP.
350.Subsection (3) states that, subject to the requirements laid down by the Act, the Keeper has discretion as to the form in which the register is kept. That would include the RSP being kept in a wholly electronic form.
351.The RSP, as with the other registers under the Keeper’s control, is a public asset. Subsection (4) therefore provides that the Keeper is to take such steps as appear reasonable to protect the RSP from interference, unauthorised access, or damage (for example by hacking).
352.See also section 111 of the Act, which provides for the Scottish Ministers by regulations to be able to make rules (“RSP Rules”) as to the keeping of the RSP and related matters.