Part 2 Security over Moveable Property

Chapter 1 Pledge

Statutory pledge

48 Creation of statutory pledge by registration: general
(1) A statutory pledge is created over property which is identified in a constitutive document in accordance with section 45 on the requirements mentioned in subsection (2) all being met.
(2) Those requirements are that—
(a) the property is the provider’s,
(b) the statutory pledge is registered, and
(c) the property is identifiable as property to which the constitutive document relates.
(3) Subsection (2)(b) is subject to section 91 (effective registration of statutory pledge) and, accordingly, the requirement of that subsection—
(a) is not met if the registration of the constitutive document is ineffective in accordance with section 91(1), and
(b) is met if and when that registration becomes effective in accordance with section 91(3).
(4) This section is subject to section 50 (creation of statutory pledge: insolvency).

S. 48 not in force at Royal Assent, see s. 121(2)
S. 48 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2
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)