Moveable Transactions (Scotland) Act 2023
Moveable Transactions (Scotland) Act 2023 (2023 asp 3)
- Moveable Transactions (Scotland) Act 2023 (2023 asp 3)
- Part 1 Assignation
- Chapter 1 Assignation of claims, protection of debtors and related matters
- Assignation of claims
- 1 Assignation of claims: general
- 2 Assignation of claim subject to a condition
- 3 Transfer of claims
- 4 Assignation of claims: insolvency
- 5 Assignation in part
- 6 Limitations as to assignability: general
- 7 Claim in respect of wages or salary
- 8 Intimation of the assignation of a claim
- 9 Warrandice implied in the assignation of a claim
- Protection of debtors
- 10 Protection of debtor who performs in good faith
- 11 Further provision as to protection of debtor
- 12 Performance in good faith where claim assigned cannot be transferred by intimation
- 13 Performance in good faith where claim assigned subject to condition
- 14 Asserting defence or right of compensation
- 15 Right to withhold performance until information as to assignation is provided
- Accessory security rights
- 16 Accessory security rights
- Abolition of certain rules of law
- 17 Abolition of certain rules of law
- Saving
- 18 Saving as respects International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015
- Chapter 2 Register of Assignations
- Register of Assignations
- 19 The Register of Assignations
- Structure and contents of the register
- 20 The parts of the register
- 21 The assignations record
- 22 The archive record
- Registration process
- 23 Application for registration
- 24 Application for registration where claims assigned to different assignees
- 25 Registration
- 26 Verification statement
- Effective registration
- 27 Effective registration of assignation document
- 28 Seriously misleading inaccuracies in the assignations record
- Corrections
- 29 Correction of the assignations record
- 30 Correction of the assignations record: procedure
- 31 Proceedings involving the accuracy of the assignations record
- 32 Power to make provision about applications for corrections
- Searches and extracts
- 33 Searching the assignations record
- 34 Admissibility and evidential status of search results
- 35 Extracts and their evidential status
- Requests for information
- 36 Assignee’s duty to respond to request for information
- Entitlement to compensation
- 37 Liability of Keeper
- 38 Liability of certain other persons
- Rules
- 39 Rules
- Chapter 3 Miscellaneous and interpretation of Part 1
- Miscellaneous
- 40 Repeal of Transmission of Moveable Property (Scotland) Act 1862
- Interpretation of Part 1
- 41 Interpretation of Part 1
- Part 2 Security over Moveable Property
- Chapter 1 Pledge
- Pledge, secured obligation and encumbered property
- 42 Pledge
- 43 Secured obligation and encumbered property
- Possessory pledge
- 44 Delivery
- Statutory pledge
- 45 Constitutive document
- 46 Competence of individual acting as provider of a statutory pledge
- 47 Competence of creating statutory pledge over certain kinds of property
- 48 Creation of statutory pledge by registration: general
- 49 Creation of statutory pledge over added property
- 50 Creation of statutory pledge: insolvency
- Property encumbered by statutory pledge: effect of transfer by provider
- 51 Property encumbered by statutory pledge: transfer by provider
- 52 Extinction of statutory pledge where dealings inconsistent with a fixed security
- 53 Acquisition in good faith from seller acting in ordinary course of business
- 54 Acquisition in good faith for personal, domestic or household purposes
- 55 Acquisition in good faith of motor vehicles
- Rights relating to matrimonial or family home where relevant to a statutory pledge
- 56 Occupancy and other rights in family home following grant of statutory pledge
- Assignation, amendment, restriction or extinction of statutory pledge
- 57 Assignation of statutory pledge
- 58 Amendment of statutory pledge
- 59 Restriction or discharge of statutory pledge
- Ranking of pledges etc.
- 60 Ranking
- 61 Amendment of Companies Act 1985 and Insolvency Act 1986
- 62 Effect of diligence on pledge
- Enforcement of pledge
- 63 The expression “pledge” in sections 64 to 77
- 64 Enforcement of pledge: general
- 65 Pledge enforcement notice
- 66 Whether court order required for enforcement
- 67 Secured creditor’s right to take possession of, or steps in relation to, corporeal property
- 68 Secured creditor’s right to sell
- 69 Sale: unencumbered acquisition
- 70 Secured creditor’s right to let
- 71 Secured creditor’s right to grant licence over intellectual property
- 72 Secured creditor’s right to protect and manage the property
- 73 Secured creditor’s right to appropriate
- 74 Appropriation with prior agreement
- 75 Appropriation without prior agreement
- 76 Appropriation: unencumbered acquisition
- 77 Application of proceeds from enforcement of pledge
- 78 Mandatory application for removal of an entry from the statutory pledges record
- Liability for loss due to enforcement
- 79 Liability for loss suffered by virtue of enforcement
- Service of documents for purposes of this Chapter
- 80 Service of documents for purposes of this Chapter
- Chapter 2 Register of Statutory Pledges
- Register of Statutory Pledges
- 81 The Register of Statutory Pledges
- Structure and contents of the register
- 82 The parts of the register
- 83 The statutory pledges record
- 84 The archive record
- Registration process
- 85 Order in which applications are to be dealt with
- 86 Application for registration of statutory pledge
- 87 Registration of statutory pledge
- 88 Application for registration of amendment
- 89 Registration of amendment
- 90 Verification statement as to registration of statutory pledge or amendment
- Effective registration
- 91 Effective registration of statutory pledge
- 92 Effective registration of amendment to statutory pledge
- 93 Supervening inaccuracies: protection of third parties
- 94 Seriously misleading inaccuracies in the statutory pledges record
- Duration
- 95 Power of Scottish Ministers in relation to duration of statutory pledge
- Corrections
- 96 Application by secured creditor for correction of statutory pledges record
- 97 Correction of record in response to application under section 96
- 98 Demand that application for correction be made under section 96
- 99 Response to application for correction under section 98(6)
- 100 Correction of the statutory pledges record at instance of the court or the Keeper
- 101 Meaning of “inaccuracy” and how a correction is made
- 102 Correction of the statutory pledges record: procedure
- 103 Proceedings involving the accuracy of the statutory pledges record
- Searches and extracts
- 104 Searching the statutory pledges record
- 105 Admissibility and evidential status of search results
- 106 Extracts and their evidential status
- Requests for information
- 107 Secured creditor’s duty to respond to request for information
- 108 Acquisition of property confirmed by creditor not to be encumbered property
- Entitlement to compensation
- 109 Liability of Keeper
- 110 Liability of certain other persons
- Rules
- 111 Rules
- Chapter 3 Miscellaneous and Interpretation of Part 2
- Miscellaneous
- 112 Competence of creating an agricultural charge
- Interpretation of Part 2
- 113 Interpretation of Part 2
- Part 3 Miscellaneous and General
- Computer system
- 114 Automated computer system
- Registration of electronic documents
- 115 Competence of registration of electronic documents
- Good faith
- 116 Good faith
- Review of the Act
- 117 Review of Act
- General
- 118 Regulations
- 119 Ancillary provision
- 120 Interpretation of Act
- 121 Commencement
- 122 Short title
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