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Moveable Transactions (Scotland) Act 2023

Section 84 – The archive record

358.This section sets out that the archive record consists of—

  • first, all entries and copy documents which have been transferred to that record from the statutory pledges record as a result of the correction of the statutory pledges record or as a result of a statutory pledge being extinguished by virtue of regulations made by the Scottish Ministers under section 95,

  • second, copies of any document which discloses, or contributes to disclosing an inaccuracy in respect of which a correction has been made,

  • third, any other documents as the Keeper considers it appropriate to include and,

  • fourth, any other information required to be entered in the record by RSP Rules.

359.Entries will not automatically move from the statutory pledges record to the archive record when a pledge is discharged. However, an application for a correction can be made in such cases if desired (the term “inaccuracy” is defined in section 101(2)(a)(ii) to include the record becoming inaccurate because of supervening events, which would include the pledge having been discharged). See paragraphs 369 and 433 of these Notes for further details. While it will normally be a choice whether to seek a correction, it is compulsory where the pledge is extinguished by enforcement (see section 78 and paragraph 342 of these Notes).

360.In addition, as noted above, it is possible for a duration period for a pledge to be introduced under section 95, in which case entries that were not renewed would be extinguished and moved to the archive record (see paragraphs 399 to 401 of these Notes).

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