# Moveable Transactions (Scotland) Act 2023, Section 12: Performance in good faith where claim assigned cannot be transferred by intimation

Extent: S

(1) Subsection (2) applies where—
(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
(b) the debtor, or any co-debtor, performs in good faith to the assignee.
(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.
(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—
(a) that the assignation document has not been registered, and
(b) that transfer of the claim requires registration.

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Source: https://www.legislation.gov.uk/asp/2023/3/section/12 (the official version)
Page: https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.