# Moveable Transactions (Scotland) Act 2023, Section 52: Extinction of statutory pledge where dealings inconsistent with a fixed security

Extent: S

If a secured creditor acquiesces, expressly or impliedly, in a provider’s transfer of encumbered property (or any part of it) to a third party, other than by means of granting the consent mentioned in section 51(2), the statutory pledge under which the property (or part) was encumbered is extinguished (but see also article 11(3) (restriction, discharge or extinction of unregistered statutory pledge over financial instrument) of the Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/275 (S. 1))).

---
Source: https://www.legislation.gov.uk/asp/2023/3/section/52 (the official version)
Page: https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.