Part 2Security over Moveable Property

Chapter 1Pledge

Statutory pledge

I149Creation of statutory pledge over added property

1

Where a statutory pledge is amended so as to add property to the encumbered property by means of an amendment document under section 58, a statutory pledge is created over the added property on the requirements mentioned in subsection (2) all being met.

2

Those requirements are that—

a

the added property is the provider’s,

b

the amendment is registered, and

c

the added property is identifiable as property to which the amendment document relates.

3

Subsection (2)(b) is subject to section 92 (effective registration of amendment to statutory pledge) and, accordingly, the requirement of that subsection—

a

is not met if the registration of the amendment document is ineffective in accordance with section 92(1), and

b

is met if and when that registration becomes effective in accordance with section 92(3).

4

This section is subject to section 50 (creation of statutory pledge: insolvency).