Moveable Transactions (Scotland) Act 2023

29 Correction of the assignations record

(1) Where a court determines in any proceedings that the assignations record is inaccurate, the court—

(a) must direct the Keeper to correct the record, and

(b) may give the Keeper any further direction it considers necessary in connection with the correction.

(2) Where the Keeper becomes aware of a manifest inaccuracy in the assignations record, other than as a result of a direction under subsection (1)—

(a) the Keeper must correct the record if what is needed to correct it is manifest,

(b) otherwise, the Keeper must note the inaccuracy on the entry in question.

(3) There is an “inaccuracy” in the assignations record where—

(a) the information included, by virtue of section 21(1), in an entry in the record is inaccurate or incomplete,

(b) an entry in the record—

(i) does not include a copy of the assignation document as required by paragraph (h) of that section, or

(ii) includes such a copy but the document copied is invalid, or

(c) an entry has incorrectly been removed from the record.

(4) A correction of the assignations record may involve—

(a) the removal of an entry,

(b) the removal of information included in an entry,

(c) the amendment of, or an addition to, the information, or replacement of a copy document, included in an entry,

(d) the restoration of information, or of a copy document, to an entry,

(e) the restoration of an entry (whether or not by transferring it from the archive record to the assignations record).

(5) A correction is taken to be made on the date and at the time entered for it in the register in pursuance of a provision of this Part.