{
  "url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-12",
  "json_url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-12.json",
  "legislation": "asp/2023/3",
  "legislation_title": "Moveable Transactions (Scotland) Act 2023",
  "legislation_url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Performance in good faith where claim assigned cannot be transferred by intimation",
  "text": "(1) Subsection (2) applies where—\n(a) by virtue only of being of a type prescribed under section 3(8), a claim in respect of which an assignation document is granted is not transferred, and\n(b) the debtor, or any co-debtor, performs in good faith to the assignee.\n(2) 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.\n(3) For the purposes of subsection (1)(b), a debtor, or co-debtor, is not to be taken to perform in good faith where that debtor or co-debtor knows—\n(a) that the assignation document has not been registered, and\n(b) that transfer of the claim requires registration.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 12 not in force at Royal Assent, see s. 121(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 12 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2023/3/section/12",
    "retrieved_at": "2026-10-29T20:12:17.256943+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}