Section 5 Meaning of controlI1I2
Scotland
This section makes provision about determining who has control of a digital asset for the purposes of this Act.
A person has control of a digital asset if the person has the ability to initiate in relation to it—
a transfer transaction within the electronic system giving rise to the asset, or
if the system does not facilitate transfer transactions, a divestiture transaction within the system.
In this section—
-
“divestiture transaction” means a transaction that results in no person being able to initiate any further transaction in relation to the asset,
-
“transfer transaction” means a transaction that results in—
- (a)
the person who initiated the transaction losing the ability to initiate a transfer transaction in relation to the asset, and
- (b)
another person gaining (directly or indirectly) the ability to initiate a transfer transaction in relation to the asset or some quantity of that type of asset.
- (a)
Annotations
Commencement
- I1
S. 5 not in force at Royal Assent, see s. 9(2)
- I2
S. 5 in force at 1.7.2026 by S.S.I. 2026/197, reg. 2(e)