Moveable Transactions (Scotland) Act 2023

Prospective

54Acquisition in good faith for personal, domestic or household purposesS
This section has no associated Explanatory Notes

(1)An individual who acquires corporeal property which is encumbered property under a statutory pledge acquires it unencumbered by the statutory pledge, despite the consent mentioned in section 51(2) not having been obtained, if—

(a)the property is wholly or mainly acquired for personal, domestic or household purposes,

(b)the acquirer gives value for the property acquired, and

(c)at the time of acquisition, the acquirer is in good faith.

(2)For the purposes of subsection (1)(c), an acquirer is not to be taken to be other than in good faith by reason only of the statutory pledge having been registered.

(3)The Scottish Ministers may by regulations modify subsection (1) so as to—

(a)limit its application to cases where the value of all that is acquired does not, at the time of acquisition, exceed a specified amount, and

(b)modify the amount for the time being specified there by virtue of paragraph (a).

Commencement Information

I1S. 54 not in force at Royal Assent, see s. 121(2)