Part 1 S Assignation

Modifications etc. (not altering text)

C1 Pt. 1 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), 3 (with arts. 4, 20)

Chapter 1 S Assignation of claims, protection of debtors and related matters

Abolition of certain rules of law S

17 Abolition of certain rules of law S

(1) The following rules of law are abolished insofar as they apply to an assignation of a claim to which this Part applies—

(a) any rule whereby a mandate may operate as an assignation of a claim,

(b) any rule whereby an assignation is rendered ineffective by an instruction to the debtor by an assignee of a claim that the debtor perform to the assignor,

(c) any rule whereby an assignee of a claim may sue in the name of an assignor, and

(d) any rule as to warrandice to be implied—

(i) in assigning a claim, or

(ii) in providing, in a contract or unilateral undertaking, for the assignation of a claim.

(2) But subsection (1)(c) does not affect the application of any enactment, or any rule of law, as respects subrogation.

Commencement Information

I1 S. 17 not in force at Royal Assent, see s. 121(2)

I2 S. 17 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2