Part 2Security over Moveable Property

Chapter 3Miscellaneous and Interpretation of Part 2

Interpretation of Part 2

I1113Interpretation of Part 2

1

In this Part (except where the context requires otherwise)—

  • amendment document” has the meaning given by section 58(1),

  • the archive record” is to be construed in accordance with section 84,

  • corporeal moveable property” does not include money,

  • correction”, in relation to the statutory pledges record, is to be construed in accordance with section 101(2),

  • encumbered property” has the meaning given by section 43(2),

  • inaccuracy”, in relation to the statutory pledges record, is to be construed in accordance with section 101(1),

  • money” has the meaning given by section 175(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007,

  • pledge”, in sections 64 to 77, is to be construed in accordance with section 63,

  • pledge enforcement notice” has the meaning given by section 65(1),

  • provider”—

    1. a

      means the person who grants a pledge, and

    2. b

      includes or, as the case may be, consists of any successor in title, or representative, of a provider (unless the successor or representative is a person who, by virtue of Chapter 1, had acquired the encumbered property unencumbered by the statutory pledge in question),

  • the register” means the Register of Statutory Pledges,

  • right in security”—

    1. a

      means a right in security over property (including a floating charge), but

    2. b

      does not include a right to execute diligence,

  • RSP Rules” has the meaning given by section 111(1),

  • secured creditor”—

    1. a

      means the person in whose favour a pledge is granted, and

    2. b

      includes or, as the case may be, consists of any successor in title, or representative, of a secured creditor,

  • secured obligation” is to be construed in accordance with section 43(1),

  • statutory pledge” has the meaning given by section 42(4), and

  • the statutory pledges record” is to be construed in accordance with section 83(2).

2

Where two or more persons are co-providers or co-secured creditors in relation to a statutory pledge, any reference in this Act to the provider or secured creditor (as the case may be) is, unless the context requires otherwise, a reference to all of those persons.

3

A reference in this Part

a

to a statutory pledge being registered (however expressed) is to be construed as a reference to the Keeper’s carrying out, in respect of the pledge, the duties imposed on the Keeper by section 87(1)(a) and (b),

b

to an amendment to a statutory pledge being registered (however expressed) is to be construed as a reference to the Keeper’s carrying out, in respect of the amendment, the duty imposed on the Keeper by section 89(1).