# Digital Assets (Scotland) Act 2026, Section 5: Meaning of control

Extent: S

(1) This section makes provision about determining who has control of a digital asset for the purposes of this Act.
(2) A person has control of a digital asset if the person has the ability to initiate in relation to it—
(a) a transfer transaction within the electronic system giving rise to the asset, or
(b) if the system does not facilitate transfer transactions, a divestiture transaction within the system.
(3) 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.

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Source: https://www.legislation.gov.uk/asp/2026/12/section/5 (the official version)
Page: https://openlegislation.uk/digital-assets-scotland-act-2026/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.