{
  "url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-17",
  "json_url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-17.json",
  "legislation": "asp/2023/3",
  "legislation_title": "Moveable Transactions (Scotland) Act 2023",
  "legislation_url": "https://openlegislation.uk/moveable-transactions-scotland-act-2023",
  "path": "section/17",
  "kind": "section",
  "number": "17",
  "heading": "Abolition of certain rules of law",
  "text": "(1) The following rules of law are abolished insofar as they apply to an assignation of a claim to which this Part applies—\n(a) any rule whereby a mandate may operate as an assignation of a claim,\n(b) any rule whereby an assignation is rendered ineffective by an instruction to the debtor by an assignee of a claim that the debtor perform to the assignor,\n(c) any rule whereby an assignee of a claim may sue in the name of an assignor, and\n(d) any rule as to warrandice to be implied—\n(i) in assigning a claim, or\n(ii) in providing, in a contract or unilateral undertaking, for the assignation of a claim.\n(2) But subsection (1)(c) does not affect the application of any enactment, or any rule of law, as respects subrogation.",
  "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. 17 not in force at Royal Assent, see s. 121(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 17 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/17",
    "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."
}