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

Assignation of claims S

5 Assignation in part S

(1) A claim may be assigned in whole or in part.

(2) But if the claim is not a monetary claim, the claim may be assigned in part only if the claim is divisible and either—

(a) the debtor consents, or

(b) the assignation is not likely to result in the obligation to which it relates becoming significantly more burdensome for the debtor.

(3) Except in so far as the debtor agrees otherwise with the assignor, or agreed otherwise with a person who was previously the holder of the claim (when that person was the holder), the assignor is liable to the debtor for any expense incurred by the debtor which is attributable to the claim’s being assigned in part rather than in whole.

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 121(2)

I2 S. 5 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2