Commentary on Sections Part 1 – Assignation Structure and contents of the register 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)).