The Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025
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Change 1
14 Whether court order required for enforcement
(1) A court order is required for enforcing a pledge over a financial instrument only— (a) where the provider is an individual, or (b) where taking possession of, or steps in relation to, encumbered property in accordance with article 15(3) or (4). (2) Section 66 of the Act (whether court action required for enforcement) does not apply to a pledge over a financial instrument.
14 Whether court order required for enforcement
(1) A court order is required for enforcing a pledge over a financial instrument only— (a) where the provider is an individual, or (b) where taking possession of, or steps in relation to, encumbered property in accordance with article 15(3) or (4). (2) Section 66 of the Act (whether court action required for enforcement) does not apply to a pledge over a financial instrument.
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