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Last updated: 21 March 2023

SPBill15AS062023

SP Bill 15A Session 6 (2023) 2 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (2) Any such condition must be specified in the assignation document. (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 5 happen), or (c) depend on a period of time elapsing during which something must not happen (whether or not it is certain that the thing will happen at some time). (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 10 another document, the terms of which are not reproduced. 1 3 Transfer of claims (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— 15 (a) the assignor is the holder of the claim, (b) either— (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 20 (d) if the assignation is subject to a condition which must be satisfied before the claim is transferred, the condition is satisfied. (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 25 the holder of the claim, and (b) any rule of law as to accretion does not apply in relation to the claim. (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 30 accordance with section 25(1), and (b) is met if and when that registration becomes effective in accordance with section 25(3). (5) Subsection (6) applies where— (a) an assignor grants more than one assignation document in respect of the same 35 claim, (b) each of the purported assignations of the claim is to a different person, and 3 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (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, (ia) the claim becoming identifiable as a claim to which the assignation document 5 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. (6) The claim transfers under subsection (1) to the person to whom it is assigned by 10 whichever of the purported assignations of the claim first met the requirement of 1 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 sub-paragraph (i) of subsection (2)(b) is to be disregarded. 15 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 (b) after the document is granted, the assignor becomes insolvent. 20 (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— (a) is not attributable to anything agreed to by, or done by, the assignor after the 25 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 (2), and 30 (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 assignor has not become the holder of the claim. 35 (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— (i) the assignor’s estate is sequestrated, 4 Moveable Transactions (Scotland) Bill Part 1—Assignation Chapter 1—Assignation of claims, protection of debtors and related matters (iia) the Accountant in Bankruptcy registers a Protected Trust Deed in relation to the assignor, (iii) the assignor is adjudged bankrupt, (iv) a voluntary arrangement proposed by the assignor is approved, 5 (v...
Last updated: 26 November 2025

SPBill46AS062025

Eligibility to be provided with lawful assistance to voluntarily end own life 1 Assisted dying for terminally ill adults 5 (1) A terminally ill adult who is eligible may, on request, be lawfully provided with assistance to end their own life. (2) Such assistance is lawfully provided if it is provided in accordance with the provisions of this Act. 2 Terminal illness 10 (1) For the purposes of this Act, a person is terminally ill if they have an advanced and 1 progressive disease, illness or condition from which they are unable to recover and that can reasonably be expected to cause their premature death. (2) For the avoidance of doubt, a person is not terminally ill only because they have a disability or mental disorder (or both). 15 (3) In this section and in section 3, “mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003. 3 Eligibility (1) A terminally ill adult is eligible to be lawfully provided with assistance to end their own life if they— 20 (a) are ordinarily resident in Scotland and have been so resident for at least 12 months before the date of the first declaration (see section 4), (b) are registered as a patient with a medical practice in Scotland, and (c) have capacity to request that assistance. (2) A person has capacity to request lawfully provided assistance if they— 25 (a) are not suffering from any mental disorder which might affect the making of the request, and SP Bill 46A 6 (2025) Session 2 Assisted Dying for Terminally Ill Adults (Scotland) Bill (b) are capable of— (i) understanding information and advice about making the request, (ii) making a decision to make the request, (iii) communicating the decision, 5 (iv) understanding the decision, and (v...
Last updated: 8 May 2025

SPCB 2025 Paper 26

In April 2025, the Supreme Court ruled in its judgment in the appeal of For Women Scotland v Scottish Ministers that, in the context of the Equality Act, “sex”, “man” and “woman” mean biological sex.
Questions and Answers Date answered: 18 March 2021

S5W-35388

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website.
Questions and Answers Date answered: 10 March 2021

S5W-35389

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website.
Questions and Answers Date answered: 4 March 2019

S5W-21685

To ask the Scottish Government how many (a) young, (b) older and (c) disabled people have travelled on (i) CalMac, (ii) Serco, (iii) Pentland Ferries, (iv) John O’Groats Ferries, (v) Shetland Ferries and (vi) Orkney Ferries in each year since 2008-09, also broken down by what grant payments the operator received each year for these passengers.
Questions and Answers Date answered: 22 March 2017

S5W-07992

To ask the Scottish Government what the (a) modern, (b) foundation and (c) apprenticeship targets will be for (i) 2016-17, (ii) 2017-18, (iii) 2018-19, (iv) 2019-20 and (v) 2020-21. The MA target for 2016-17 is outlined in the Skills Development Scotland Letter of Guidance 2016-17 as 26,000 starts https://www.skillsdevelopmentscotland.co.uk/media/41986/let...
Questions and Answers Date answered: 8 February 2017

S5W-06501

To ask the Scottish Government, in light of the Supreme Court's judgement of 24 January 2017 in respect of the triggering of Article 50 in relation to the UK leaving the EU and, in light of the Supreme Court limiting the Lord Advocate to legal argument based on devolved issues, whether it plans to take further legal action or appeal to the Court of Justice of the European Union. In R (Miller) v. Secretary of State for Exiting the European Union the UK Supreme Court decided that the UK Government may not lawfully notify the European Council under Article 50 TEU of the UK's intention to withdraw from the European Union without the authority of an Act of the UK Parliament.
Questions and Answers Date answered: 26 September 2016

S5W-02200

To ask the Scottish Government how many people are employed (a) full-time and (b) part-time by NHS as (i) audiologists, (ii) cardiac physiologists, (iii) gastro-intestinal physiologists, (iv) neurophysiologists, (v) respiratory physiologists and (vi) sleep physiologists.
Questions and Answers Date answered: 10 March 2021

S5W-35387

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website.

Can't find what you're looking for?

If you're having trouble finding the information you want, please contact [email protected].