Section 10 Protection of debtor who performs in good faithI1I2C1
Scotland
Subsection (2) applies where, after a claim is transferred, the debtor, or any co-debtor, performs in good faith to the person last known to the debtor, or that co-debtor, to be the holder of the claim.
The debtor, or (where there are two or more co-debtors) each of the co-debtors, is discharged from the claim to the extent of the performance.
For the purpose of subsection (2), it is not to be taken that a debtor, or any co-debtor, has performed other than in good faith by reason only of (any or all of)—
an assignation document’s having been registered,
Annotations
Modifications
- C1
Pt. 1 extended (with modifications) (1.4.2025) by The Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/275), arts. 1(2), 3 (with arts. 4, 20)
Commencement
- I1
S. 10 not in force at Royal Assent, see s. 121(2)
- I2
S. 10 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2