Section 177(5)

In the application of this section to Scotland for subsections (1) to (3) there shall be substituted the following subsections— Nothing in this Act affects the rights of a creditor in a heritable security who— became the creditor under a transfer for value without notice of any defect in the title arising (apart from this section) by virtue of this Act; or derives title from such a creditor. Nothing in this Act affects the operation of section 41 of the Conveyancing (Scotland) Act 1924 (protection of purchasers), or of that section as applied to standard securities by section 32 of the Conveyancing and Feudal Reform (Scotland) Act 1970. Subsection (1) does not apply to a creditor carrying on a consumer credit business, a consumer hire business or a business of debt-collecting or debt administration .

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Source: legislation.gov.uk · retrieved 2026-07-30