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Moveable Transactions (Scotland) Act 2023

Review of the Act

Section 117 – Review of Act

481.This section requires a review of the operation of the Act to be undertaken by the Scottish Ministers, and a report to be prepared on that review. The review must be undertaken after five years have elapsed from the day that sections 1 and 42 come into force (or, if they come into force on different dates, from the earlier of those dates). The report must, in particular, set out (i) the impact of allowing the debtor to waive the right to assert defences under section 14, (ii) how well the provisions relating to statutory pledges are working in relation to sole traders and small businesses, and (iii) any steps that the Scottish Ministers propose to take as a result of the findings of the review. The report must be published and laid before the Scottish Parliament as soon as reasonably practicable after the end of the five year review period.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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