Moveable Transactions (Scotland) Act 2023

105 Admissibility and evidential status of search results S

(1) A copy of a search result (in printed or electronic form) which relates to a search carried out by means of a search facility provided by the Keeper is admissible in evidence.

(2) In the absence of evidence to the contrary—

(a) where such a search result purports to show an entry in the statutory pledges record, it is sufficient proof of—

(i) the registration of the statutory pledge, or an amendment to the entry in the statutory pledges record, to which the result relates,

(ii) where applicable, a correction of the entry in the statutory pledges record to which the result relates, and

(iii) the date and time of such registration or, as the case may be, correction, and

(b) where such a search result purports not to show an entry in the statutory pledges record, it is sufficient proof of an entry in the statutory pledges record not being disclosed at the date and time of such search by means of the search carried out.

Modifications etc. (not altering text)

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 Information

I1 S. 105 not in force at Royal Assent, see s. 121(2)

I2 S. 105 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2