Year: 2026
Type: article
Abstract: This article examines the Moveable Transactions (Scotland) Act 2023 to assess whether it represents a genuine revolution in Scots property law or an interpretative riddle for commercial practice. In force from 1 April 2025, the Act replaces historic publicity mechanisms with a registration-based system centred on the Register of Assignations and the Register of Statutory Pledges. It introduces registration as an alternative to intimation for assignations and creates the statutory pledge, thereby removing the possession requirement for fixed security and expanding the collateral base to include intellectual property and financial instruments. Adopting a doctrinal and comparative approach, this article situates the reform within its historical context and against international notice filing models. It argues that the Act delivers structural modernization through digital publicity, broader asset coverage, and clearer ranking rules. However, significant interpretative and operational questions remain, including consent-based extinction under section 52, insolvency cut-offs for future assets under section 50(3), and the transfer of accessory security under section 16, as highlighted in McKinlay v Avellierie Ltd [2025] SAC (Civ) 6. The Act is therefore revolutionary in design, yet riddled with execution.
Source: Statute Law Review
DOI: 10.1093/slr/hmag003
Institutions: Robert Gordon University, At Bristol, University of Bristol
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $4,535
OpenAlex ID: W7138950367
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