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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 15 is up to date with all changes known to be in force on or before 27 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 15:
- s. 3(9) inserted by S.I. 2025/275 art. 21(3)
- s. 15 coming into force by S.S.I. 2024/378 reg. 2
- 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)
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
15Right to withhold performance until information as to assignation is providedS
This section has no associated Explanatory Notes
(1)A debtor on whom a notice of assignation of a claim is served under section 8(1)(a) by an assignee may request from the assignee reasonable evidence of the granting of an assignation document in respect of the claim.
(2)For the purposes of subsection (1), “reasonable evidence” includes, for example, the written confirmation of an assignor that the assignor granted the document.
(3)Subsection (1) applies to a purported notice of assignation as it applies to a notice of assignation, and a reference in that subsection to an assignee includes a reference to a purported assignee.
(4)If evidence is requested under subsection (1), the debtor may withhold performance until—
(a)that evidence is received, or
(b)the debtor receives notification in writing from the purported assignee or the purported assignor that an assignation document has not been granted in respect of the claim.
(5)A debtor who, other than by virtue of section 8(1), has reasonable grounds to believe that an assignation document has been granted in respect of a claim may state those grounds to the supposed assignor and request that person to provide a written statement as to whether the document has been granted.
(6)If a written statement provided by virtue of subsection (5) is to the effect that the document has been granted, that statement must include the name and last known address of the assignee.
(7)If a written statement is requested under subsection (5), the debtor may withhold performance until that statement (conforming, where it is a statement to the effect mentioned in subsection (6), with the requirements of that subsection) is received.
(8)A debtor who knows that an assignation document has been granted in respect of a claim may request the assignor or the assignee to provide a written statement as to whether (either or both)—
(a)the assignation of the claim is subject to a condition,
(b)any such condition has been satisfied.
(9)If a written statement is requested under subsection (8), the debtor may withhold performance until that statement is received.
(10)Where a debtor who makes a request under subsection (1), (5) or (8) is a co-debtor, the reference in subsection (4) or (as the case may be) (7) or (9) to the debtor is to the debtor who made the request and does not include a reference to any co-debtor of that debtor.
Commencement Information
I1S. 15 not in force at Royal Assent, see s. 121(2)
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