Section 41 Interpretation of Part 1I1I2C1

In this Part (except where the context requires otherwise)—

• “the archive record” is to be construed in accordance with section 22,

• “assignation” means assignation of a claim,

• “assignation document” has the meaning given by section 1(1),

• “the assignations record” is to be construed in accordance with section 21(2),

• “assignee” means the person to whom a claim is assigned,

• “assignor” means the person by whom a claim is assigned,

• “claim”—

  1. (a)

     means a right to the performance of an obligation (including an obligation not to do something), but

  2. (b)

     does not include a non-monetary right relating to land or a negotiable instrument,

• “correction”, in relation to the assignations record, is to be construed in accordance with section 29(4),

• “debtor” means the person against whom a claim may be enforced,

• “holder”, in relation to a claim, means the person who has the right to performance of an obligation under the claim,

• “inaccuracy”, in relation to the assignations record, is to be construed in accordance with section 29(3),

• “the register” means the Register of Assignations,

• “right in security”—

  1. (a)

     means a right in security over property (including a floating charge), but

  2. (b)

     does not include a right to execute diligence,

• “RoA Rules” has the meaning given by section 39(1).

Where two or more persons are co-assignors or co-assignees in relation to a claim, any reference in this Act to the assignor or assignee (as the case may be) is, unless the context requires otherwise, a reference to all of those persons.

A reference (however expressed) in this Part to—