Moveable Transactions (Scotland) Act 2023

Structure and contents of the register S

82 The parts of the register S

The Keeper must make up and maintain, as parts of the register—

(a) the statutory pledges record, and

(b) the archive record.

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. 82 not in force at Royal Assent, see s. 121(2)

I2 S. 82 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2

83 The statutory pledges record S

(1) An entry in the statutory pledges record is to comprise—

(a) the provider’s name and address,

(b) where the provider is an individual, the provider’s date of birth,

(c) any identifying number which the provider has and which, by virtue of RSP Rules, must be included in the entry,

(d) the secured creditor’s name and address,

(e) any identifying number which the secured creditor has and which, by virtue of RSP Rules, must be included in the entry,

(f) where the secured creditor is not an individual, an address (which may be an email address) to which any request for information regarding the statutory pledge may be sent,

(g) such description of the encumbered property as is required, or permitted, for the purposes of this subsection by RSP Rules,

(h) a copy of the constitutive document of the statutory pledge,

(i) the registration number allocated under section 87(1)(b) to the entry,

(j) where the statutory pledge has been amended in pursuance of section 58(6), a copy of the amendment document,

(k) the date and time of registration of—

(i) the statutory pledge, and

(ii) any amendment to the statutory pledge,

(l) any other information that is required under any other section of this Act, and

(m) any other information that is specified for the purposes of this subsection by RSP Rules.

(2) The statutory pledges record is the totality of all such entries.

Commencement Information

I3 S. 83 not in force at Royal Assent, see s. 121(2)

I4 S. 83 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2

84 The archive record S

The archive record is the totality of—

(a) all entries and copy documents transferred from the statutory pledges record under section 102(2)(a) or (3)(c) or by virtue of section 95(1)(a),

(b) all copy documents included in the archive record under section 102(2)(c) or (3)(b),

(c) all copies of such other documents as the Keeper considers it appropriate to include in the archive record, and

(d) any other information that is specified for the purposes of this section by RSP Rules.

Commencement Information

I5 S. 84 not in force at Royal Assent, see s. 121(2)

I6 S. 84 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2