There are 5,384 results relating to "table.i V"
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4 May 2023
SP15BillS62023
SP Bill 15B Session 6 (2023) 2 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters 2 Assignation of claim subject to a condition (1) The assignation of a claim may be subject to a condition which must be satisfied before the claim is transferred. (2) Any such condition must be specified in the assignation document. 5 (3) The condition may, for example— (a) be the occurrence of a particular date, (b) depend on something happening (whether or not it is certain that the thing will happen), or (c) depend on a period of time elapsing during which something must not happen 10 (whether or not it is certain that the thing will happen at some time). 1 (4) For the purposes of subsection (2), the ways in which the condition can be specified in the assignation document include by making reference in the assignation document to another document, the terms of which are not reproduced. 3 Transfer of claims 15 (1) A claim in respect of which an assignation document is granted is transferred on the requirements mentioned in subsection (2) all being met. (2) Those requirements are that— (a) the assignor is the holder of the claim, (b) either— 20 (i) intimation of the assignation is effected under section 8(1), or (ii) the assignation document is registered, (c) the claim is identifiable as a claim to which the assignation document relates, and (d) if the assignation is subject to a condition which must be satisfied before the claim is transferred, the condition is satisfied. 25 (3) For the purposes of subsection (1), if the claim is a claim such as is mentioned in section 1(4)— (a) the requirement mentioned in subsection (2)(a) is met when the assignor becomes the holder of the claim, and (b) any rule of law as to accretion does not apply in relation to the claim. 30 (4) Subsection (2)(b)(ii) is subject to section 25 (effective registration of assignation document) and, accordingly, the requirement of that subsection— (a) is not met if the registration of the assignation document is ineffective in accordance with section 25(1), and (b) is met if and when that registration becomes effective in accordance with section 35 25(3). (5) Subsection (6) applies where— (a) an assignor grants more than one assignation document in respect of the same claim, 3 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (b) each of the purported assignations of the claim is to a different person, and (c) the requirements of subsection (2) are all met in relation to each of the purported assignations at the same time by virtue of— (i) the assignor becoming the holder of the claim, 5 (ia) the claim becoming identifiable as a claim to which the assignation document relates, or (ii) where each of the purported assignations is subject to a condition which must be satisfied before the claim is transferred, those conditions being satisfied at the same time. 10 (6) The claim transfers under subsection (1) to the person to whom it is assigned by 1 whichever of the purported assignations of the claim first met the requirement of subsection (2)(b). (7) This section is subject to section 4 (assignation of claims: insolvency). (8) The Scottish Ministers may by regulations prescribe types of claim in relation to which 15 sub-paragraph (i) of subsection (2)(b) is to be disregarded. 4 Assignation of claims: insolvency (1) This section applies where— (a) an assignation document is granted in respect of a claim such as is mentioned in section 1(4), and 20 (b) after the document is granted, the assignor becomes insolvent. (2) The assignation is ineffective in relation to the claim if the assignor becomes the holder of the claim after becoming insolvent. (3) But subsection (2) does not apply in relation to a claim in respect of income from property in so far as that claim— 25 (a) is not attributable to anything agreed to by, or done by, the assignor after the assignor became insolvent, and (b) relates to the use of property in existence at the time the assignor became insolvent. (4) Subsection (5) applies where— (a) but for subsection (3), the assignation would be ineffective by virtue of subsection 30 (2), and (b) the assignor is discharged— (i) under section 137, 138 or 140 of the Bankruptcy (Scotland) Act 2016, or (ii) by virtue of section 184(3) of that Act. (5) The assignation is ineffective, in relation to the claim, if by the time of discharge the 35 assignor has not become the holder of the claim. 4 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (6) For the purposes of this section— (a) an assignor who is an individual, or the estate of which may be sequestrated by virtue of section 6 of the Bankruptcy (Scotland) Act 2016, becomes insolvent when— 5 (i) the assignor’s estate is sequestrated, (iib) the assignor grants a trust deed for creditors or makes a composition or arrangement with creditors, (iii) the assignor is adjudged bankrupt, (iv) a voluntary arrangement proposed by the assignor is approved, 10 (v...
Official Report
Meeting date:
9 December 2025
Meeting of the Parliament 09 December 2025
Employment Tribunal Decision (Sandie Peggie v NHS Fife) To ask the Scottish Government what its response is to the decision of the employment tribunal of Sandie Peggie v NHS Fife health board.
Committee reports
Date published:
5 September 2018
Subordinate Legislation considered by the Delegated Powers and Law Reform Committee on 4 September 2018
In Buckley v UKvApp No 20348/92, the enforcement of planning controls in relation to a Gypsy traveller pursued the legitimate aim of the economic wellbeing of the country.
Official Report
Meeting date:
19 September 2018
Meeting of the Parliament 19 September 2018
On the issues that arose at the Celtic v Rangers match, I believe that Celtic is planning an independent review and has a consultant on board for that review.
SPICe briefings
Date published:
5 October 2023
Trees, forests and hedges - some frequently asked questions - Ownership of land and boundaries to property
The general rule laid down by the courts is that, if the stem (i.e. trunk) of a tree is on one side of the boundary, then it is owned by the owner of the land on that side.iHetherington v Galt (1905) 13 SLT 90.2Stair's Laws of Scotland (Stair Memorial Encyclopaedia) - Property - Part I: General law (Volume 18), para. 179. (2023).
Committee reports
Date published:
26 June 2023
A Modern and Sustainable Ferry Service for Scotland - Direct award
The Teckal exemption stems from a 1999 European Court of Justice rulingiCase C-107/98 Teckal Srl v Comune di Viano and Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia 1999 (further detail is available at Annexe L) and "allows for public contracts to be awarded to in-house companies under strict conditions relating to the parent authority's control and...
SPICe briefings
Date published:
16 March 2022
Economic, social and cultural rights and the proposed Human Rights Bill - The Convention
language=en</a> [accessed 8 October 2021]2The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) [2016] UKSC 51. (2016, July 28).
Committee reports
Date published:
22 February 2022
UK Internal Market Inquiry - Subsidy Control Bill
That is because they represent a significant departure from the general position, set out in AXA General Insurance v Lord Advocate [2011] UKSC 46, that judicial review of devolved legislation is not generally possible on the general common law grounds of irrationality, unreasonableness, or arbitrariness.”The Subsidy Control Bill and devolution: a balanced r...
SPICe briefings
Date published:
23 March 2021
Blue Carbon - Ocean acidification
., Hennige, S., Wicks, L., Huvenne, V., … Roberts, M. (2013). Tidal downwelling and implications for the carbon biogeochemistry of cold-water corals in relation to future ocean acidification and warming.
SPICe briefings
Date published:
9 September 2020
The Multiple Roles of Scottish Woodlands - Land
Rewilding generates significant debate, given its range of definitions and the perceived risk to local livelihoods, as explored in a recent paper on woodland expansion in Scotland 5Burton, V., Metzger, M.J., Brown, C., & Moseley, D. (2008).
