C1Part 2Floating charges

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 applied (prosp.) by 1967 c. 48, s. 3(1) (as substituted by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp. 3), ss. 49(1), 227 (with s. 223))

Related further provision

49Industrial and provident societies

1

For F1section 62 (floating charges created by Scottish societies) of the Co-operative and Community Benefit Societies Act 2014 (c. 48) substitute—

62F6Floating charges: Scotland

1

Part 2 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”) applies to a registered society as it applies to an incorporated company.

2

Subsection (3) applies where any assets of a registered society are subject to—

a

a floating charge created under Part 2 of the 2007 Act (as applied by this section), and

b

an agricultural charge created under Part 2 of the Agricultural Credits (Scotland) Act 1929.

3

For the purposes of determining the relative ranking of those charges, the following provisions of the 2007 Act apply as if the agricultural charge were a floating charge created under Part 2 of that Act on the date of creation of the agricultural charge—

  • section 40(1) to (3) (including as subject to section 41(1) to (4)),

  • section 45(3)(c).

2

Section F263 (filing of information relating to charges) of that Act is repealed.

3

In section F464 (notification of charges etc: Scotland) of that Act—

F5a

for paragraph (a) of subsection (1) substitute—

a

the giving to the FCA of notice of any security, except a floating charge, granted by a registered society over any of its assets;

b

the references to section F363 of that Act are to be treated as references to that section as it had effect immediately before its repeal by subsection (2) above.