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