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Moveable Transactions (Scotland) Act 2023
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This version of this provision is prospective.
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Changes to legislation:
Moveable Transactions (Scotland) Act 2023, Section 110 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 110:
- s. 110 coming into force by S.S.I. 2024/378 reg. 2
Prospective
110Liability of certain other personsS
This section has no associated Explanatory Notes
(1)A person (“P”) is entitled to be compensated in the following circumstances—
(a)where P suffers loss in consequence of an inaccuracy in an entry in the statutory pledges record then, to the extent that it is not attributable to the Keeper, P is entitled to be compensated for that loss by—
(i)the person who made the application for registration which gave rise to the inaccurate entry if that person failed to take reasonable care in making it, or
(ii)where the inaccurate entry arises from the attempted correction of an apparent inaccuracy, the person who notified the Keeper of the apparent inaccuracy if that person failed to take reasonable care in doing so,
(b)where P suffers loss in consequence of an inaccuracy in information supplied in response to a request under section 107(1), P is entitled to be compensated for that loss by the person who supplied the information if that person failed to take reasonable care in supplying it, or
(c)where P suffers loss in consequence of a failure, without reasonable excuse, to comply with a request in accordance with section 107(3), P is entitled to be compensated for that loss by the person whose failure it was.
(2)But a person has no liability under subsection (1)—
(a)in so far as P’s loss could have been avoided had P taken measures which it would have been reasonable for P to take,
(b)in so far as P’s loss was not reasonably foreseeable, or
(c)for non-patrimonial loss.
Commencement Information
I1S. 110 not in force at Royal Assent, see s. 121(2)
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