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Section 57 Assignation of statutory pledgeI1I2C1

Scotland

(1)

Except in so far as the provider and the secured creditor agree otherwise, a statutory pledge may be assigned.

(2)

A statutory pledge is assigned only by the secured creditor executing or authenticating a document assigning the pledge.

(3)

Subject to the provisions of that document, the assignation conveys to the assignee entitlement to the benefit of any notice served, or enforcement procedure commenced, by the assignor in respect of the statutory pledge before the assignation (to the effect that the assignee may proceed as if the assignee served that notice or commenced those procedures).

F1(4)

See also article 9 (assignation 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)).

Annotations

Textual amendments

F1

S. 57(4) inserted (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), 22(7) (with art. 20)

Modifications

C1

Pt. 2 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), 5 (with arts. 6-20)

Commencement

I1

S. 57 not in force at Royal Assent, see s. 121(2)

I2

S. 57 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2