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Moveable Transactions (Scotland) Act 2023
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Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Moveable Transactions (Scotland) Act 2023, Section 102 is up to date with all changes known to be in force on or before 28 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 102:
- s. 3(9) inserted by S.I. 2025/275 art. 21(3)
- s. 42(6) inserted by S.I. 2025/275 art. 22(2)
- s. 46(1A) inserted by S.I. 2025/275 art. 22(3)
- s. 47(2A) inserted by S.I. 2025/275 art. 22(4)
- s. 51(1A) inserted by S.I. 2025/275 art. 22(5)
- s. 57(4) inserted by S.I. 2025/275 art. 22(7)
- s. 58(2A) inserted by S.I. 2025/275 art. 22(8)
- s. 60(2A) inserted by S.I. 2025/275 art. 22(10)
- s. 66(1A) inserted by S.I. 2025/275 art. 22(11)
- s. 68(3A) inserted by S.I. 2025/275 art. 22(12)
- s. 72(2A) inserted by S.I. 2025/275 art. 22(13)
- s. 73(3) inserted by S.I. 2025/275 art. 22(14)
- s. 74(8A) inserted by S.I. 2025/275 art. 22(15)
- s. 102 coming into force by S.S.I. 2024/378 reg. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(9) inserted by S.I. 2025/275 art. 21(3)
- s. 42(6) inserted by S.I. 2025/275 art. 22(2)
- s. 46(1A) inserted by S.I. 2025/275 art. 22(3)
- s. 47(2A) inserted by S.I. 2025/275 art. 22(4)
- s. 51(1A) inserted by S.I. 2025/275 art. 22(5)
- s. 57(4) inserted by S.I. 2025/275 art. 22(7)
- s. 58(2A) inserted by S.I. 2025/275 art. 22(8)
- s. 60(2A) inserted by S.I. 2025/275 art. 22(10)
- s. 66(1A) inserted by S.I. 2025/275 art. 22(11)
- s. 68(3A) inserted by S.I. 2025/275 art. 22(12)
- s. 72(2A) inserted by S.I. 2025/275 art. 22(13)
- s. 73(3) inserted by S.I. 2025/275 art. 22(14)
- s. 74(8A) inserted by S.I. 2025/275 art. 22(15)
Prospective
102Correction of the statutory pledges record: procedureS
This section has no associated Explanatory Notes
(1)This section applies where the Keeper corrects the statutory pledges record by virtue of section 97(1), 99(6)(b) or (8) or 100(1)(a) or (3)(a).
(2)Where the Keeper corrects the statutory pledges record by removing an entry from the statutory pledges record, the Keeper must—
(a)transfer the entry to the archive record,
(b)note on the transferred entry—
(i)the section by virtue of which the transfer is made, and
(ii)the details of the correction (including the date and time of the removal), and
(c)include in the archive record a copy of any document which discloses, or contributes to disclosing, the inaccuracy which is the subject of the correction.
(3)Where the Keeper corrects the record by restoring an entry, by restoring, removing or amending information included in an entry or by restoring or replacing a copy document, the Keeper must—
(a)note on the entry that it has been corrected and the details of the correction (including the date and time of the correction),
(b)include in the archive record a copy of any document which discloses, or contributes to disclosing, the inaccuracy which is the subject of the correction, and
(c)in the case of the replacement of the copy document, transfer the replaced copy to the archive record.
(4)Having corrected the record other than by virtue of section 97(1), the Keeper must notify the following persons (in so far as it is reasonable and practicable to do so) that the correction has been made—
(a)every person specified for the purposes of this subsection by RSP Rules, and
(b)any other person who appears to the Keeper to be affected by it materially.
(5)A failure to comply with subsection (2)(c), (3)(b) or (4) does not affect the validity of the correction of the record.
Commencement Information
I1S. 102 not in force at Royal Assent, see s. 121(2)
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