Search Legislation

Moveable Transactions (Scotland) Act 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 8

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Moveable Transactions (Scotland) Act 2023, Section 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

8Intimation of the assignation of a claimS
This section has no associated Explanatory Notes

(1)For the purposes of section 3(2)(b)(i), intimation is effected only—

(a)by the assignor or the assignee serving notice of the assignation on the debtor, or

(b)on the occurrence either—

(i)of the debtor acknowledging to the assignee that the claim is assigned, or

(ii)of intimation to the debtor, in judicial proceedings to which the debtor is a party, that the assignation is founded on in the proceedings.

(2)Where there are co-debtors in respect of a claim, intimation as respects any one or more of them is, for the purposes of section 3(2)(b)(i), intimation to them all.

(3)A notice served under subsection (1)(a)

(a)must—

(i)set out the name and address of both the assignor and the assignee,

(ii)provide details of the claim assigned, and

(iii)in the case of a claim assigned in part, provide details of the part assigned,

(b)must be in writing and consist of, or be contained within, one or more documents,

(c)need not be executed or authenticated, and

(d)if the claim is a monetary claim, may (but need not) be in such form (if any) as is prescribed for the purposes of this paragraph.

(4)Where a notice is served as mentioned in subsection (5)(c), paragraph (a) of subsection (3) may be satisfied by providing an electronic link to a website, or to a portal, in which the information mentioned in that paragraph is set out.

(5)For the purposes of subsection (1)(a), service of a notice must be by—

(a)delivering the notice personally to the debtor,

(b)sending it—

(i)by postal services, or

(ii)by any other service which conveys postal packets from one place to another,

either to the proper address of the debtor or to an address for postal communication provided to the assignor by the debtor, or

(c)transmitting it to an address for electronic communication so provided.

(6)But a determination (a “determination as to method of service”) may be made in accordance with subsection (7) that, as respects the claim (either or both)—

(a)only certain paragraphs and sub-paragraphs of subsection (5), as specified in the determination, are to apply for the purposes of section 3(2)(b)(i),

(b)subsection (5) is to apply as if for the closing words of paragraph (b) there were substituted a reference to a particular address as specified in the determination.

(7)A determination as to method of service is made in accordance with this subsection where it is made—

(a)by written agreement between the debtor and the holder of the claim, or

(b)where a unilateral undertaking gives rise to the claim, by a written statement (whether or not comprised within the undertaking) of the person whose undertaking it was. 

(8)Where a determination as to method of service specifies an address as mentioned in subsection (6)(b)

(a)the debtor may notify the holder of the claim of a different address to replace—

(i)the address so specified, or

(ii)an address previously notified under this paragraph, and

(b)an address notified under paragraph (a) is, until a further address is so notified, to be treated for the purposes of subsection (6)(b) as if it were specified in the determination.

(9)Where a notice is served—

(a)as mentioned in subsection (5)(b) (including, where relevant, as modified by subsection (6)(b)), and

(b)by being sent to an address in the United Kingdom,

it is to be taken to have been received 48 hours after it is sent unless it is shown to have been received earlier.

(10)Where a notice is served as mentioned in subsection (5)(c), it is to be taken to have been received 24 hours after it is transmitted unless it is shown to have been received earlier.

(11)In this section

  • holder of the claim” includes a person who becomes the holder of the claim after a determination is made,

  • postal packet” and “postal services” have the meanings given by section 27(1) and (2) of the Postal Services Act 2011,

  • proper address of the debtor” means—

    (a)

    in the case of a body corporate, the address of the registered or principal office of the body,

    (b)

    in the case of a partnership, the address of the principal office of the partnership, and

    (c)

    in any other case, the last known address of the debtor.

(12)Any reference in this section to—

(a)a notice being served on the debtor is to be construed as including a reference to its being served on a person authorised to receive such a notice on behalf of the debtor,

(b)the proper address of the debtor is, where a notice is served on a person so authorised, to be construed as a reference to the proper address of that person.

Commencement Information

I1S. 8 not in force at Royal Assent, see s. 121(2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources