Intervention de Mme Véronique Roger-Lacan, Ambassadrice, Représentante permanente de la France à l’OSCE à l’occasion de la visite à l’OSCE du ministre albanais des Affaires étrangères l’Ambassadeur Ditmir Bushati
Subject to subsection (2) below and any other enactment, writing shall not be required for the constitution of a contract, unilateral obligation or trust.
Subject to subsection (3) below, a written documentwhich is a traditional document complying with section 2or an electronic document complying with section 9B of this Act shall be required for—
the constitution of—
a contract or unilateral obligation for the creation, transfer, variation or extinction of a real right in land;
a gratuitous unilateral obligation except an obligation undertaken in the course of business; and
a trust whereby a person declares himself to be sole trustee of his own property or any property which he may acquire;
the creation, transfer, variation or extinction of a real right in land otherwise than by the operation of a court decree, enactment or rule of law; and
the constitution of an agreement under section 66(1) of the Land Registration etc. (Scotland) Act 2012 (asp 5),
the making of any will, testamentary trust disposition and settlement or codicil.
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Where a contract, obligation or trust mentioned in subsection (2)(a) above is not constituted in a ... document complying with section 2 or, as the case may be, section 9B of this Act, but one of the parties to the contract, a creditor in the obligation or a beneficiary under the trust (“the first person”) has acted or refrained from acting in reliance on the contract, obligation or trust with the knowledge and acquiescence of the other party to the contract, the debtor in the obligation or the truster (“the second person”)— on the ground that it is not so constituted, if the condition set out in subsection (4) below is satisfied.
the second person shall not be entitled to withdraw from the contract, obligation or trust; and
the contract, obligation or trust shall not be regarded as invalid,
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The condition referred to in subsection (3) above is that the position of the first person—
as a result of acting or refraining from acting as mentioned in that subsection has been affected to a material extent; and
as a result of such a withdrawal as is mentioned in that subsection would be adversely affected to a material extent.
In relation to the constitution of any contract, obligation or trust mentioned in subsection (2)(a) above, subsections (3) and (4) above replace the rules of law known asrei interventus and homologation.
This section shall apply to the variation of a contract, obligation or trust as it applies to the constitution thereof but as if in subsections (3) and (4) for the references to acting or refraining from acting in reliance on the contract, obligation or trust and withdrawing therefrom there were substituted respectively references to acting or refraining from acting in reliance on the variation of the contract, obligation or trust and withdrawing from the variation.
In this section “real right in land” means any real right in or over land, including any right to occupy or to use land or to restrict the occupation or use of land, but does not include— if the tenancy or right is not granted for more than one year, unless the tenancy or right is for a recurring period or recurring periods and there is a gap of more than one year between the beginning of the first, and the end of the last, such period.
a tenancy;
a right to occupy or use land; or
a right to restrict the occupation or use of land,
For the purposes of subsection (7) above “land” does not include—
growing crops; or
a moveable building or other moveable structure.
A private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016 is not a “real right in land” for the purposes of this section.
This Part of this Act applies to documents written on paper, parchment or some similar tangible surface (“traditional documents”).
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No traditional document required by section 1(2) of this Act shall be valid in respect of the formalities of execution unless it is subscribed by the granter of it or, if there is more than one granter, by each granter, but nothing apart from such subscription shall be required for the document to be valid as aforesaid.
A contract mentioned in section 1(2)(a)(i) of this Act may be regarded as constituted or varied (as the case may be) if the offer is contained in one or more traditional documents and the acceptance is contained in another traditional document or other traditional documents, and such document is subscribed by the granter or granters thereof.
Nothing in this section shall prevent a traditional document which has not been subscribed by the granter or granters of it from being used as evidence in relation to any right or obligation to which the document relates.
This section is without prejudice to any other enactment which makes different provision in respect of the formalities of execution of a document to which this section applies.
This Part applies to documents which, rather than being written on paper, parchment or some similar tangible surface are created in electronic form (“electronic documents”).
No electronic document required by section 1(2) is valid in respect of the formalities of execution unless—
it is authenticated by the granter, or if there is more than one granter by each granter, in accordance with subsection (2), and
it meets such other requirements (if any) as may be prescribed by the Scottish Ministers in regulations.
An electronic document is authenticated by a person if the electronic signature of that person—
is incorporated into, or logically associated with, the electronic document,
was created by the person by whom it purports to have been created, and
is of such type, and satisfies such requirements (if any), as may be prescribed by the Scottish Ministers in regulations.
A contract mentioned in section 1(2)(a) may be regarded as constituted or varied (as the case may be) if—
the offer is contained in one or more electronic documents,
the acceptance is contained in another electronic document or in other such documents, and
each of the documents is authenticated by its granter or granters.
Where a person grants an electronic document in more than one capacity, authentication by the person of the document, in accordance with subsection (3), is sufficient to bind the person in all such capacities.
Nothing in this section prevents an electronic document which has not been authenticated by the granter or granters of it from being used as evidence in relation to any right or obligation to which the document relates.
Regulations under subsection (1)(b) or (2)(c) are subject to the negative procedure.
Where— the document is to be presumed to have been authenticated by the granter.
an electronic document bears to have been authenticated by the granter,
nothing in the document or in the authentication indicates that it was not so authenticated, and
the conditions set out in subsection (2) are satisfied,
The conditions are that the electronic signature incorporated into, or logically associated with, the document— and that if the electronic signature bears to be certified (and does not conform with paragraph (b)(i)) the certification is of such type and satisfies such requirements as may be so prescribed.
is of such type and satisfies such requirements as may be prescribed by the Scottish Ministers in regulations, and
(either or both)—
is used in such circumstances as may be so prescribed,
bears to be certified,
Regulations under subsection (2) are subject to the negative procedure.
Where— the court must, on an application being made to it by any person who has an interest in the document, if satisfied that the document was authenticated by that granter, grant decree to that effect.
an electronic document bears to have been authenticated by a granter of it, and
there is no presumption under section 9C that the document has been authenticated by that granter,
Where— the court must, on an application being made to it by any person who has an interest in the document, if satisfied as to that time, date or place, grant decree to that effect.
an electronic document bears to have been authenticated by a granter of it, and
there is no presumption by virtue of section 9E(1) as to the time, date or place of authentication,
On an application under subsection (1) or (2), evidence is, unless the court otherwise directs, to be given by affidavit.
An application under subsection (1) or (2) may be made either as a summary application or as incidental to, and in the course of, other proceedings.
The effect of a decree—
under subsection (1), is to establish a presumption that the document has been authenticated by the granter concerned, or
under subsection (2), is to establish a presumption that the statement in the decree as to time, date or place is correct.
In this section, “ the court ” means—
in the case of a summary application—
the sheriff in whose sheriffdom the applicant resides, or
if the applicant does not reside in Scotland, the sheriff at Edinburgh, or
in the case of an application made in the course of other proceedings, the court before which those proceedings are pending.
The Scottish Ministers may, in regulations, make provision as to the effectiveness or formal validity of, or presumptions to be made with regard to— (including, without prejudice to the generality of this subsection, presumptions to be made with regard to the time, date and place of authentication of such a document).
any alteration made, whether before or after authentication, to an electronic document,
the authentication, by or on behalf of the granter, of such a document,
the authentication, by or on behalf of a person with a disability, of such a document, or
any annexation to such a document,
Regulations under subsection (1) may make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes of, or in consequence of the regulations.
Subject to subsection (4), regulations under subsection (1) are subject to the negative procedure.
Regulations which–– are subject to the affirmative procedure.
make provision of the kind mentioned in subsection (1)(b), or
add to, replace or omit any part of an Act (including this Act),
An electronic document may be delivered electronically or by such other means as are reasonably practicable.
But such a document must be in a form, and such delivery must be by a means—
the intended recipient has agreed to accept, or
which it is reasonable in all the circumstances for the intended recipient to accept.
Subject to subsection (6), it is not competent— unless both subsection (2) and subsection (3) apply in relation to the document.
to record an electronic document in the Register of Sasines,
to register such a document in the Land Register of Scotland,
to register such a document for execution or preservation in the Books of Council and Session, or
to record or register such a document in any other register under the management and control of the Keeper of the Registers of Scotland,
This subsection applies where—
the document is presumed under section 9C or 9D or by virtue of section 9E(1) to have been authenticated by the granter, or
if there is more than one granter, the document is presumed by virtue of any of those provisions to have been authenticated by at least one of the granters.
This subsection applies where— are in such form and of such type as are prescribed by the Scottish Ministers in regulations.
the document,
the electronic signature authenticating it, and
if the document bears to be certified, the certification,
Before making regulations under subsection (3), the Scottish Ministers must consult with—
the Keeper of the Registers of Scotland,
the Keeper of the Records of Scotland, and
the Lord President of the Court of Session.
Regulations under subsection (3)—
may make different provision for different cases or classes of case, and
are subject to the negative procedure.
Subsection (1) above does not apply in relation to—
a document's— if an enactment requires or expressly permits such recording or registration notwithstanding that the document is not presumed to have been authenticated by the granter or by at least one of the granters,
being recorded in the Register of Sasines,
being registered in the Land Register of Scotland or in the Books of Council and Session, or
being recorded or registered in any other register under the management and control of the Keeper of the Registers of Scotland,
the recording of a court decree in the Register of Sasines or the registering of such a decree in the Land Register of Scotland,
the registering in the Books of Council and Session of—
a document registration of which is directed by the Court of Session,
a document the formal validity of which is governed by a law other than Scots law, provided that the Keeper of the Registers of Scotland is satisfied that the document is formally valid according to that other law,
a court decree granted under section 9D, or by virtue of section 9E(1), of this Act in relation to a document already registered in the Books of Council and Session, or
the registration of a court decree in a separate register maintained for that purpose.
An electronic document may be registered for preservation in the Books of Council and Session without a clause of consent to registration.
Subject to subsections (2) to (7) below, where— the document shall be presumed to have been subscribed by that granter.
a traditional document bears to have been subscribed by a granter of it;
the document bears to have been signed by a person as a witness of that granter’s subscription and the document, or the testing clause or its equivalent, bears to state the name and address of the witness; and
nothing in the document, or in the testing clause or its equivalent, indicates—
that it was not subscribed by that granter as it bears to have been so subscribed; or
that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below,
Where a traditional document is a testamentary document consisting of more than one sheet, it shall not be presumed to have been subscribed by a granter as mentioned in subsection (1) above unless, in addition to it bearing to have been subscribed by him and otherwise complying with that subsection, it bears to have been signed by him on every sheet.
For the purposes of subsection (1)(b) above—
the name and address of a witness may be added at any time before the document is—
founded on in legal proceedings; or
registered for preservation in the Books of Council and Session or in sheriff court books; and
the name and address of a witness need not be written by the witness himself.
Where, in any proceedings relating to a traditional document in which a question arises as to a granter’s subscription, it is established— then, for the purposes of those proceedings, there shall be no presumption that the document has been subscribed by that granter.
that a signature bearing to be the signature of the witness of that granter’s subscription is not such a signature, whether by reason of forgery or otherwise;
that the person who signed the document as the witness of that granter’s subscription is a person who is named in the document as a granter of it;
that the person who signed the document as the witness of that granter’s subscription, at the time of signing—
did not know the granter;
was under the age of 16 years; or
was mentally incapable of acting as a witness;
that the person who signed the document, purporting to be the witness of that granter’s subscription, did not witness such subscription;
that the person who signed the document as the witness of that granter’s subscription did not sign the document after him or that the granter’s subscription or, as the case may be, acknowledgement of his subscription and the person’s signature as witness of that subscription were not one continuous process;
that the name or address of the witness of that granter’s subscription was added after the document was founded on or registered as mentioned in subsection (3)(a) above or is erroneous in any material respect; or
in the case of a testamentary document consisting of more than one sheet, that a signature on any sheet bearing to be the signature of the granter is not such a signature, whether by reason of forgery or otherwise,
For the purposes of subsection (4)(c)(i) above, the witness shall be regarded as having known the person whose subscription he has witnessed at the time of witnessing if he had credible information at that time of his identity.
For the purposes of subsection (4)(e) above, where— the subscription or acknowledgement of any such granter and the signature of the person witnessing that granter’s subscription shall not be regarded as not being one continuous process by reason only that, between the time of that subscription or acknowledgement and that signature, another granter has subscribed the document or acknowledged his subscription.
a document is granted by more than one granter; and
a person is the witness to the subscription of more than one granter,
For the purposes of the foregoing provisions of this section a person witnesses a granter’s subscription of a document—
if he sees the granter subscribe it; or
if the granter acknowledges his subscription to that person.
Where— there shall be a presumption that the document was subscribed by that granter on the date or at the place as stated.
by virtue of subsection (1) above a document to which this subsection applies is presumed to have been subscribed by a granter of it;
the document, or the testing clause or its equivalent, bears to state the date or place of subscription of the document by that granter; and
nothing in the document, or in the testing clause or its equivalent, indicates that that statement as to date or place is incorrect,
Subsection (8) above applies to any traditional document other than a testamentary document.
Where— there shall be a presumption that the statement as to date or place is correct.
a traditional document is a testamentary document bearing to have been subscribed and the document, or the testing clause or its equivalent, bears to state the date or place of subscription (whether or not it is presumed under subsections (1) to (7) above to have been subscribed by a granter of it); and
nothing in the document, or in the testing clause or its equivalent, indicates that that statement as to date or place is incorrect,
The following requirements (however expressed) do not apply—
a requirement for a relevant person to be physically in the same place as another person when that person—
signs or subscribes a document or an alteration of a document,
takes an oath, or
makes an affirmation or declaration,
a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document or an alteration of a document.
In this section—
For the avoidance of doubt—
the requirements described by subsection (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but
subsection (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person”.
Where a traditional document bears to have been subscribed by a granter of it, but there is no presumption under section 3 of this Act that the document has been subscribed by that granter, then, if the court, on an application being made to it by any person who has an interest in the document, is satisfied that the document was subscribed by that granter, it shall—
cause the document to be endorsed with a certificate to that effect; or
where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
Where a traditional document bears to have been subscribed by a granter of it, but there is no presumption under section 3 of this Act as to the date or place of subscription, then, if the court, on an application being made to it by any person who has an interest in the document, is satisfied as to the date or place of subscription, it shall—
cause the document to be endorsed with a certificate to that effect; or
where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
On an application under subsection (1) or (2) above evidence shall, unless the court otherwise directs, be given by affidavit.
An application under subsection (1) or (2) above may be made either as a summary application or as incidental to and in the course of other proceedings.
The effect of a certificate or decree—
under subsection (1) above shall be to establish a presumption that the document has been subscribed by the granter concerned;
under subsection (2) above shall be to establish a presumption that the statement in the certificate or decree as to date or place is correct.
In this section “the court” means—
in the case of a summary application—
the sheriff in whose sheriffdom the applicant resides; or
if the applicant does not reside in Scotland, the sheriff at Edinburgh; and
in the case of an application made in the course of other proceedings, the court before which those proceedings are pending.
An alteration made to a traditional document required by section 1(2) of this Act— but an alteration made to such a document otherwise than as mentioned in paragraphs (a) and (b) above shall not be formally valid.
before the document is subscribed by the granter or, if there is more than one granter, by the granter first subscribing it, shall form part of the document as so subscribed;
after the document is so subscribed shall, if the alteration has been signed by the granter or (as the case may be) by all the granters, have effect as a formally valid alteration of the document as so subscribed,
Subsection (1) above is without prejudice to—
any rule of law enabling any provision in a testamentary document to be revoked by deletion or erasure without authentication of the deletion or erasure by the testator;
the Erasures in Deeds (Scotland) Act 1836 and section 54 of the Conveyancing (Scotland) Act 1874.
The fact that an alteration to a traditional document was made before the document was subscribed by the granter of it, or by the granter first subscribing it, may be established by all relevant evidence, whether written or oral.
Where a traditional document bears to have been subscribed by the granter or, if there is more than one granter, by all the granters of it, then, if subsection (5) or (6) below applies, an alteration made to the document shall be presumed to have been made before the document was subscribed by the granter or, if there is more than one granter, by the granter first subscribing it, and to form part of the document as so subscribed.
This subsection applies where—
the document is presumed under section 3 of this Act to have been subscribed by the granter or granters (as the case may be);
it is stated in the document, or in the testing clause or its equivalent, that the alteration was made before the document was subscribed; and
nothing in the document, or in the testing clause or its equivalent, indicates that the alteration was made after the document was subscribed.
This subsection applies where subsection (5) above does not apply, but the court is satisfied, on an application being made to it, that the alteration was made before the document was subscribed by the granter or, if there is more than one granter, by the granter first subscribing it, and causes the document to be endorsed with a certificate to that effect or, where the document has already been registered in the Books of Council and Session or in sheriff court books, grants decree to that effect.
Subsections (3), (4) and (6) of section 4 of this Act shall apply in relation to an application under subsection (6) above as they apply in relation to an application under subsection (1) of that section.
Where an alteration is made to a traditional document after the document has been subscribed by a granter, Schedule 1 to this Act (presumptions as to granter’s signature and date and place of signing in relation to such alterations) shall have effect.
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Subject to subsection (3) below ..., it shall not be competent— unless subsection (2) below applies in relation to the document.
to record a traditional document in the Register of Sasines; or
to register a traditional document for execution or preservation in the Books of Council and Session or in sheriff court books,
to register a traditional document in the Land Register of Scotland,
This subsection applies where—
the document is presumed under section 3 or 4 of this Act to have been subscribed by the granter; or
if there is more than one granter, the document is presumed under section 3 or 4 or partly under the one section and partly under the other to have been subscribed by at least one of the granters.
Subsection (1) above shall not apply in relation to—
a document's— if an enactment requires or expressly permits such recording or registration notwithstanding that the document is not presumed to have been subscribed by the granter or by at least one of the granters,
being recorded in the Register of Sasines, or
being registered in the Land Register of Scotland, in the Books of Council and Session or in sheriff court books,
the recording of a court decree in the Register of Sasinesor the registering of such a decree in the Land Register of Scotland;
the registration in the Books of Council and Session or in sheriff court books of—
a testamentary document;
a document which is directed by the Court of Session or (as the case may be) the sheriff to be so registered;
a document whose formal validity is governed by a law other than Scots law, if the Keeper of the Registers of Scotland or (as the case may be) the sheriff clerk is satisfied that the document is formally valid according to the law governing such validity;
a court decree granted under section 4 or 5 of this Act in relation to a document already registered in the Books of Council and Session or in sheriff court books (as the case may be); or
the registration of a court decree in a separate register maintained for that purpose.
A traditional document may be registered for preservation in the Books of Council and Session or in sheriff court books without a clause of consent to registration.
Except where an enactment expressly provides otherwise, a traditional document is subscribed by a granter of it if it is signed by him at the end of the last page (excluding any annexation, whether or not incorporated in the document as provided for in section 8 of this Act).
Subject to paragraph 2(2) of Schedule 2 to this Act, a traditional document, or an alteration to such a document, is signed by an individual natural person as a granter or on behalf of a granter of it if it is signed by him—
with the full name by which he is identified in the document or in any testing clause or its equivalent; or
with his surname, preceded by at least one forename (or an initial or abbreviation or familiar form of a forename); or
except for the purposes of section 3(1) to (7) of this Act, with a name (not in accordance with paragraph (a) or (b) above) or description or an initial or mark if it is established that the name, description, initial or mark—
was his usual method of signing, or his usual method of signing documents or alterations of the type in question; or
was intended by him as his signature of the document or alteration.
Where there is more than one granter, the requirement under subsection (1) above of signing at the end of the last page of a document shall be regarded as complied with if at least one granter signs at the end of the last page and any other granter signs on an additional page.
Where a person grants a traditional document in more than one capacity, one subscription of the document by him shall be sufficient to bind him in all such capacities.
A traditional document, or an alteration to such a document, is signed by a witness if it is signed by him— and if the witness is witnessing the signature of more than one granter, it shall be unnecessary for him to sign the document or alteration more than once.
with the full name by which he is identified in the document or in any testing clause or its equivalent; or
with his surname, preceded by at least one forename (or an initial or abbreviation or familiar form of a forename),
This section is without prejudice to any rule of law relating to the subscription or signing of documents by members of the Royal Family, by peers or by the wives or the eldest sons of peers.
Schedule 2 to this Act (special rules relating to subscription and signing of traditional documents etc by partnerships, companies, limited liability partnersship, local authorities, other bodies corporate and Ministers) shall have effect.
Subject to subsection (2) below and except where an enactment expressly otherwise provides, any annexation to a traditional document shall be regarded as incorporated in the document if it is— without the annexation having to be signed or subscribed.
referred to in the document; and
identified on its face as being the annexation referred to in the document,
Where a document relates to land and an annexation to it describes or shows all or any part of the land to which the document relates, the annexation shall be regarded as incorporated in the document if and only if—
it is referred to in the document; and
it is identified on its face as being the annexation referred to in the document; and
it is signed on—
each page, where it is a plan, drawing, photograph or other representation; or
the last page, where it is an inventory, appendix, schedule or other writing.
Any annexation referred to in subsection (2) above which bears to have been signed by a granter of the document shall be presumed to have been signed by the person who subscribed the document as that granter.
Section 7(2) of this Act shall apply in relation to any annexation referred to in subsection (2) above as it applies in relation to a traditional document as if for any reference to a document (except the reference in paragraph (a)) there were substituted a reference to an annexation.
It shall be competent to sign any annexation to a traditional document at any time before the document is—
founded on in legal proceedings;
registered for preservation in the Books of Council and Session or in sheriff court books;
recorded in the Register of Sasines;
registered in the Land Register of Scotland.
Where there is more than one granter, the requirement under subsection (2)(c)(ii) above of signing on the last page shall be regarded as complied with (provided that at least one granter signs at the end of the last page) if any other granter signs on an additional page.
Where a granter of a traditional document makes a declaration to a relevant person that he is blind or unable to write, the relevant person— shall, if authorised by the granter, be entitled to subscribe it and, if it is a testamentary document, sign it as mentioned in section 3(2) of this Act, on the granter’s behalf.
having read the document to that granter; or
if the granter makes a declaration that he does not wish him to do so, without having read it to the granter,
Subscription or signing by a relevant person under subsection (1) above shall take place in the presence of the granter.
This Act shall have effect in relation to subscription or signing by a relevant person under subsection (1) above subject to the modifications set out in Schedule 3 to this Act.
A document subscribed by a relevant person under subsection (1) above which confers on the relevant person or his spouse, son or daughter a benefit in money or money’s worth (whether directly or indirectly) shall be invalid to the extent, but only to the extent, that it confers such benefit.
This section and Schedule 3 to this Act apply in relation to the signing of— as they apply in relation to the subscription of a document; and for that purpose, any reference to reading a document includes a reference to describing a plan, drawing, photograph or other representation in such an annexation or in an alteration to such an annexation.
an annexation to a traditional document as mentioned in section 8(2) of this Act;
an alteration made to a traditional document as mentioned in section 5(1) or to any such annexation to a document,
In this Act (other than section 10A) “relevant person” means a solicitor who has in force a practising certificate as defined in section 4(c) of the Solicitors (Scotland) Act 1980, an advocate, a justice of the peace or a sheriff clerk and, in relation to the execution of documents outwith Scotland, includes a notary public or any other person with official authority under the law of the place of execution to execute documents on behalf of persons who are blind or unable to write.
Nothing in this section shall prevent the granter of a document who is blind from subscribing or signing the document as mentioned in section 7 of this Act.
Without prejudice to the effectiveness of any other means of providing information relating to the execution of a document, this information may be provided in such form of testing clause as may be prescribed in regulations made by the Secretary of State.
Regulations under subsection (1) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament and may prescribe different forms for different cases or classes of case.
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Any rule of law and any enactment whereby the proof of any matter is restricted to proof by writ or by reference to oath shall cease to have effect.
The procedure of proving any matter in any civil proceedings by reference to oath is hereby abolished.
The following rules of law shall cease to have effect—
any rule whereby certain contracts and obligations and any variations of those contracts and obligations, and assignations of incorporeal moveables, are required to be in writing; and
any rule which confers any privilege—
on a document which is holograph or adopted as holograph; or
on a writ in re mercatoria.
Subsections (1) and (2) above shall not apply in relation to proceedings commenced before the commencement of this Act.
In this Act, except where the context otherwise requires—
“relevant person” means—
in relation to a Minister, means any person in the civil service of the Crown who is serving in his Department or, as the case may be, as a member of the staff of the Scottish Ministers or the Lord Advocate;
the holder of an office the remuneration in respect of which is paid out of money provided by Parliament or out of the Scottish Consolidated Fund; and
“Minister” has the same meaning as “Minister of the Crown” has in section 8 of the Ministers of the Crown Act 1975;
...
a notary public,
“ traditional document ” has the meaning given by section 1A.
“officer”—
Section 5(8)
Subject to sub-paragraphs (2) to (7) below, where— the alteration shall be presumed to have been signed by that granter. Where an alteration to a testamentary document consists of more than one sheet, the alteration shall not be presumed to have been signed by a granter as mentioned in sub-paragraph (1) above unless, in addition to it bearing to have been signed by him on the last sheet and otherwise complying with that sub-paragraph, it bears to have been signed by him on every other sheet. For the purposes of sub-paragraph (1)(b) above— Where, in any proceedings relating to an alteration to a document in which a question arises as to a granter’s signature, it is established— then, for the purposes of those proceedings, there shall be no presumption that the alteration has been signed by that granter. For the purposes of sub-paragraph (4)(c)(i) above, the witness shall be regarded as having known the person whose signature he has witnessed at the time of witnessing if he had credible information at that time of his identity. For the purposes of sub-paragraph (4)(e) above, where— the signing of the alteration by any such granter or the acknowledgement of his signature and the signing by the person witnessing that granter’s signature shall not be regarded as not being one continuous process by reason only that, between the time of signing or acknowledgement by that granter and of signing by that witness, another granter has signed the alteration or acknowledged his signature. For the purposes of the foregoing provisions of this paragraph a person witnesses a granter’s signature of an alteration— Where— there shall be a presumption that the alteration was signed by that granter on the date or at the place as stated. Sub-paragraph (8) above applies to any document other than a testamentary document. Where— there shall be a presumption that the statement as to date or place is correct.
Where an alteration to a traditional document bears to have been signed by a granter of the document, but there is no presumption under paragraph 1 above that the alteration has been signed by that granter, then, if the court, on an application being made to it by any person having an interest in the document, is satisfied that the alteration was signed by that granter, it shall— Where an alteration to a traditional document bears to have been signed by a granter of the document, but there is no presumption under paragraph 1 above as to the date or place of signing, then, if the court, on an application being made to it by any person having an interest in the document, is satisfied as to the date or place of signing, it shall— In relation to an application under sub-paragraph (1) or (2) above evidence shall, unless the court otherwise directs, be given by affidavit. An application under sub-paragraph (1) or (2) above may be made either as a summary application or as incidental to and in the course of other proceedings. The effect of a certificate or decree— In this paragraph “the court” means—
Section 7(7)
Any reference in this Act to subscription or signing by a granter of a traditional document or an alteration to a document, in a case where the granter is a person to whom any of paragraphs 2 to 6 of this Schedule applies shall, unless the context otherwise requires, be construed as a reference to subscription or, as the case may be, signing of the document or alteration by a person in accordance with that paragraph.
Except where an enactment expressly provides otherwise, where a granter of a traditional document is a partnership, the document is signed by the partnership if it is signed on its behalf by a partner or by a person authorised to sign the document on its behalf. A person signing on behalf of a partnership under this paragraph may use his own name or the firm name. Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. In this paragraph “partnership” has the same meaning as in section 1 of the Partnership Act 1890.
Except where an enactment expressly provides otherwise, where a granter of a traditional document is a company, the document is signed by the company if it is signed on its behalf by a director, or by the secretary, of the company or by a person authorised to sign the document on its behalf. This Act is without prejudice to— Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. Where a granter of a traditional document is a company, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) and (6) below. In section 3— In paragraph 1 of Schedule 1—
Except where an enactment expressly provides otherwise, where a granter of a traditional document is a limited liability partnership, the document is signed by the limited liability partnership if it is signed on its behalf by a member of the limited liability partnership. This Act is without prejudice to paragraph 9 of Schedule 1, paragraph 9 of Schedule 2, and paragraph 7 of Schedule 4, to the Insolvency Act 1986. Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. Where a granter of a traditional document is a limited liability partnership, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) and (6) below. In section 3– Subject to subsections (1A) to (7) below, where– Where a document does not bear to have been signed by a person as a witness of the subscription of the member of the limited liability partnership it shall be presumed to have been subscribed by the limited liability partnership if it bears to have been subscribed on behalf of the limited liability partnership by two members of the limited liability partnership. A presumption under subsection (1) or (1A) above as to subscription of a document does not include a presumption that a person bearing to subscribe the document as a member of the limited liability partnership was such member. ”; In paragraph 1 of Schedule 1– Subject to sub-paragraphs (1A) to (7) below, where– Where an alteration does not bear to have been signed by a person as a witness of the signature of the member of the limited liability partnership it shall be presumed to have been signed by the limited liability partnership if it bears to have been signed on behalf of the limited liability partnership by two members of the limited liability partnership. For the purposes of sub-paragraph (1)(b) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent.
Except where an enactment expressly provides otherwise, where a granter of a traditional document is a local authority, the document is signed by the authority if it is signed on their behalf by the proper officer of the authority. For the purposes of the signing of a document under this paragraph, a person purporting to sign on behalf of a local authority as an officer of the authority shall be presumed to be the proper officer of the authority. Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. Where a granter of a traditional document is a local authority, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) to (8) below. For section 3(1) there shall be substituted the following subsections—. In section 3(4) after paragraph (g) there shall be inserted the following paragraph—. Subject to sub-paragraphs (1A) to (7) below, where— the alteration shall be presumed to have been signed by the proper officer and by the authority. For the purposes of sub-paragraph (1)(b)(i) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent. In paragraph 1(4) of Schedule 1 after paragraph (g) there shall be inserted the following paragraph—.
This paragraph applies to any body corporate other than a company or a local authority. Except where an enactment expressly provides otherwise, where a granter of a traditional document is a body corporate to which this paragraph applies, the document is signed by the body if it is signed on its behalf by— Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. Where a granter of a traditional document is a body corporate to which this paragraph applies, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) to (8) below. For section 3(1) there shall be substituted the following subsections—. In section 3(4) after paragraph (g) there shall be inserted the following paragraph—. Subject to sub-paragraphs (1A) to (7) below, where— the alteration shall be presumed to have been signed by the member, secretary or authorised person (as the case may be) and by the body. For the purposes of sub-paragraph (1)(b)(i) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent. A presumption under sub-paragraph (1) above as to signing of an alteration to a document does not include a presumption— In paragraph 1(4) of Schedule 1 after paragraph (g) there shall be inserted the following paragraph—.
Except where an enactment expressly provides otherwise, where a granter of a traditional document is a Minister or an office-holder, the document is signed by the Minister or office-holder if it is signed— For the purposes of the signing of a document under this paragraph, a person purporting to sign— shall be presumed to be the officer, other Minister or authorised person, as the case may be. Sub-paragraphs (1) and (2) of this paragraph are without prejudice to section 3 of and Schedule 1 to the Ministers of the Crown Act 1975. Sub-paragraphs (1) to (3) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document. Where a granter of a traditional document is a Minister or office-holder, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (6) and (7) below. For section 3(1) there shall be substituted the following subsections—. Subject to sub-paragraphs (1A) to (7) below, where— the alteration shall be presumed to have been signed by the officer, other Minister or authorised person and by the Minister or office-holder, as the case may be. For the purposes of sub-paragraph (1)(b) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent.
Section 9(3)
For any reference to the subscription or signing of a document by a granter there shall be substituted a reference to such subscription or signing by a relevant person under section 9(1).
For section 3(1) there shall be substituted the following subsection—.
In section 3(3) for the words “subsection (1)(b)” there shall be substituted the words “ subsection (1)(c) ”.
For section 3(4) there shall be substituted the following subsection—.
In section 3(6) the words “or acknowledgement” in both places where they occur shall be omitted.
Section 3(7) shall be omitted.
For section 4(1) there shall be substituted the following subsection—.
At the end of section 4(5)(a) there shall be added the following words— “ and that the procedure referred to in section 3(1)(b) of this Act as modified by paragraph 2 of Schedule 3 to this Act was followed. ”.
Subject to sub-paragraphs (2) to (6) below, where— the alteration shall be presumed to have been signed by the relevant person and the statement so mentioned shall be presumed to be correct.
In paragraph 1(3) of Schedule 1 for the words “sub-paragraph (1)(b)” there shall be substituted the words “ sub-paragraph (1)(c) ”.
Where, in any proceedings relating to an alteration to a document in which a question arises as to a relevant person’s signature on behalf of a granter under section 9(1) of this Act, it is established— then, for the purposes of those proceedings, there shall be no presumption that the alteration has been signed by the relevant person on behalf of the granter concerned.
In paragraph 1(6) of Schedule 1 the words “or the acknowledgement of his signature” and the words “or acknowledgement” shall be omitted.
Paragraph 1(7) of Schedule 1 shall be omitted.
For paragraph 2(1) of Schedule 1 there shall be substituted the following sub-paragraph—(1).
At the end of paragraph 2(5)(a) of Schedule 1 there shall be added the following words— “ and that the procedure referred to in paragraph 1(1)(b) of Schedule 1 to this Act as modified by paragraph 9 of Schedule 3 to this Act was followed. ”.
Section 14(1)
Any reference in any other enactment to a probative document shall, in relation to a document executed after the commencement of this Act, be construed as a reference to a document in relation to which section 6(2)or 9G(2) of this Act applies. For the purposes of any enactment— a document signed , subscribed or authenticated by or on behalf of the body corporate in accordance with the provisions of the Requirements of Writing (Scotland) Act 1995 shall have effect as if so executed.
Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
“by a document— and a document so subscribed, followed by infeftment duly recorded,”;
At the end of section 75 of that Act there shall be added the following subsection—.
At the end of section 77 of that Act there shall be added the following subsection—.
In Schedule (B) to that Act—
the words from “or, if the deed” to “case may be,” are hereby repealed;
+Note—As regards a document granted under Scots law, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule (C) to that Act—
the words from “[or, if the deed” to “Scotland,]” are hereby repealed;
+Note—As regards a document granted under Scots law, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In section 50 of the Entail Amendment Act 1848 for the word “tested” there shall be substituted the word “ subscribed ”.
In the Schedule to that Act—
the words “and of the witnesses subscribing,” are hereby repealed;
+Note—Subscription of the document by the heir of entail in possession and the notary public will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
At the end of section 5 of the Ordnance Board Transfer Act 1855 there shall be added the following subsection—.
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule C to that Act for the words from “and D” to the end there shall be substituted the words “ Testing clause ”.
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule (FF) no. 1 to that Act—
for the words from “In witness whereof” to “usual form]” there shall be substituted the words “ Testing clause+ ”;
at the end there shall be added “+ Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).”.
In Schedule (GG) to that Act—
for the words from “In witness whereof” to “I K Witness” there shall be substituted the words “ Testing clause+ ”;
+(c) Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule (NN) to that Act—
for the words from “In witness whereof” to “G H Witness” there shall be substituted the words “ Testing clause+ ”;
+Subscription of the document by the granter if it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule G to that Act—
for the words “In witness whereof [testing clause]” there shall be substituted the words “ Testing clause+ ”;
+Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
At the end of subsection (1) of section 4 of the Colonial Stock Act 1877 there shall be added the words “or, in relation to Scotland, subscribed in accordance with section 7 of the Requirements of Writing (Scotland) Act 1995.”.
At the end of section 6 of that Act there shall be added the following subsection—.
After subsection (2) of section 2 of the Colonial Stock Act 1892 there shall be added the following subsection—
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]”]
In each of Schedules B and C to the Feudal Casualties (Scotland) Act 1914—
for the words “In witness whereof” there shall be substituted the words “ Testing clause ”; and
at the end of the Note there shall be added the words “Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).”.
In Schedule A to the Trusts (Scotland) Act 1921—
for the words “(To be attested)” there s hall be substituted the words “ Testing clause+ ”;
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter or granters of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule B to the Conveyancing (Scotland) Act 1924—
in forms nos. 1 to 6 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note 8—Subscription of the document by the notary public (or law agent) on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995)
In Schedule K to that Act—
in forms nos 1 to 7 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note 5—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the notary public or law agent on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In the Fourth Schedule to the Long Leases (Scotland) Act 1954—
for the words “[To be attested]” there shall be substituted the words— “ Testing clause+ ”;
+4 Subscription of the feu contract by the parties to it will be sufficient for the contract to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
At the end of section 21 of the Succession (Scotland) Act 1964 there shall be added the following subsection—.
After section 21 of that Act there shall be inserted the following section—.
For section 32 of that Act there shall be substituted the following section—.
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
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In Schedule 2 to the Conveyancing and Feudal Reform (Scotland) Act 1970—
in forms A and B for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note 8—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule 4 to that Act—
in form A and forms C to F for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note 7—Subscription of the document by the granter of it, or in the case of form E the granter and the consenter to the variation, will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule 5 to that Act, in form D—
in nos 1 and 2 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
In Schedule 9 to that Act—
for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;
+Note 4—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).
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In section 31(6) of the Patents Act 1977 for the words from “probative” to the end there shall be substituted the words “ subscribed in accordance with the Requirements of Writing (Scotland) Act 1995. ”.
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after subsection (2) there shall be inserted the following subsection—;
in subsection (3) after the words “common seal” there shall be inserted the words “or as respects Scotland by writing subscribed in accordance with the Requirements of Writing (Scotland) Act 1995”.
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At the end of section 11 of the Companies Consolidation (Consequential Provisions) Act 1985 there shall be added the following subsection—.
In section 53 of the Insolvency Act 1986—
in subsection (1) for the words “a validly executed instrument in writing” there shall be substituted the words “ an instrument subscribed in accordance with the Requirements of Writing (Scotland) Act 1995 ”;
for subsection (4) there shall be substituted the following subsection—.
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Section 14(2) Chapter Short title Extent of repeal 1540 c. 37 (S.). The Subscription of Deeds Act 1540. The whole Act. 1579 c. 18 (S.). The Subscription of Deeds Act 1579. The whole Act. 1672 c. 47 (S.). The Lyon King of Arms Act 1672. The words from “And his Maiestie with consent” to “contraveiners heirof”. 1681 c. 5 (S.). The Subscription of Deeds Act 1681. The whole Act. 1696 c. 15 (S.). The Deeds Act 1696. The whole Act. 1696 c. 25 (S.). The Blank Bonds and Trusts Act 1696. The whole Act. 1698 c. 4 (S.). The Registration Act 1698. The whole Act. 10 & 11 Vict. c. 16. The Commissioners Clauses Act 1847. In section 56, the words from “(that is to say,)” to “discharge the same” where they first occur. In Schedule (B), the words from “or, if the deed” to “case may be,”. In Schedule (C), the words from “[or, if the deed” to “Scotland,]”. 11 & 12 Vict. c. 36. The Entail Amendment Act 1848. In the Schedule the words “and of the witnesses subscribing,”. 19 & 20 Vict. c. 60. The Mercantile Law Amendment Act, Scotland 1856. Section 6. 31 & 32 Vict. c. 101. The Titles to Land Consolidation (Scotland) Act 1868. Sections 139 and 149. 37 & 38 Vict. c. 94. The Conveyancing (Scotland) Act 1874. Sections 38 to 41. Schedule I. 7 Edw. 7 c. 51. The Sheriff Courts (Scotland) Act 1907. In section 35 the words “either holograph or attested by one witness”. In Schedule 1, paragraph 67 and in the Appendix in Form M the words from “If not holograph” to the end of the form. 4 & 5 Geo. 5 c. 48. The Feudal Casualties (Scotland) Act 1914. In section 8 the words “which need not be tested or holograph”. 14 & 15 Geo. 5 c. 27. The Conveyancing (Scotland) Act 1924. Section 18. Schedule I. 23 & 24 Geo. 5 c. 44. The Church of Scotland (Property and Endowments) (Amendment) Act 1933. Section 13. 2 & 3 Geo. 6 c. 20. The Reorganisation of Offices (Scotland) Act 1939. In section 1(8) the words from “and any such” to the end. 1959 c. 40. The Deer (Scotland) Act 1959. In Schedule 1, paragraphs 12 and 13. 1963 c. 18. The Stock Transfer Act 1963. Section 2(4). 1965 c. 12. The Industrial and Provident Societies Act 1965. In section 34(5)(a), in the definition of “receipt” the words from “signed by two members” to “as such”. Section 36. 1967 c. 10. The Forestry Act 1967. Section 39(5). 1968 c. 16. The New Towns (Scotland) Act 1968. In Schedule 2, paragraphs 10 and 11. 1970 c. 35. The Conveyancing and Feudal Reform (Scotland) Act 1970. Section 44. 1973 c. 52. The Prescription and Limitation (Scotland) Act 1973. Section 5(2). In Schedule 1, paragraphs 2(c), 3 and 4(b). 1973 c. 65. The Local Government (Scotland) Act 1973. Section 194, other than subsection (2). In Schedule 8, paragraph 5. 1978 c. 29. The National Health Service (Scotland) Act 1978. In section 79(1A) the words from “and where” to the end of the subsection. In Schedule 1, paragraphs 9 and 10. In Schedule 5, paragraphs 10 and 11. 1980 c. 46. The Solicitors (Scotland) Act 1980. In Schedule 1, paragraph 12. 1985 c. 6. The Companies Act 1985. In section 2(6) the words from “and that” to the end. In section 7(3)(c) the words from “(which attestation” to the end. Section 462(3). 1985 c. 16. The National Heritage (Scotland) Act 1985. In Schedule 1, paragraphs 8 and 19. 1986 c. 47. The Legal Aid (Scotland) Act 1986. In Schedule 1, paragraph 14. 1988 c. 43. The Housing (Scotland) Act 1988. In Schedule 1, paragraphs 18 and 19. 1990 c. 40. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Section 72. Section 75(6). In Schedule 8, paragraph 33. 1990 c. 35. The Enterprise and New Towns (Scotland) Act 1990. In Schedule 1, paragraph 23. 1991 c. 28. The Natural Heritage (Scotland) Act 1991. In Schedule 1, paragraph 18. 1993 c. 44. The Crofters (Scotland) Act 1993. In Schedule 1, paragraphs 14 and 15. 1994 c. 39. The Local Government etc. (Scotland) Act 1994. In section 172(4), paragraph (h). In Schedule 3, paragraph 11. In Schedule 5, in Part II, paragraph 8. In Schedule 7, paragraph 17. In Schedule 12, paragraph 13. In Schedule 13, paragraph 92(60).
the holder of an office created or continued in existence by a public general Act of Parliament;
“company” has the same meaning as in section 735(1) of the Companies Act 1985;
“proper officer”, in relation to a local authority, has the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973; and
“ local authority ” means a local authority within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 and a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“ secretary ” means, if there are two or more joint secretaries, any one of them;
...
Any reference in this Act to subscription or signing by a granter of a document or an alteration made to a document, in a case where a person is subscribing or signing under a power of attorney on behalf of the granter, shall be construed as a reference to subscription or signing by that person of the document or alteration.
In a case where a person is authenticating an electronic document on behalf of a granter, any reference in this Act to authentication by a granter of an electronic document shall be construed as a reference to authentication by that person.
In relation to an electronic document—
references to authenticity—
are references to whether the document has been electronically signed by a particular person, and
may include references to whether the document is accurately timed or dated, and
references to integrity are references as to whether there has been any tampering with, or other modification of, the document.
Nothing in this Act shall—
prevent Her Majesty from authenticating—
a document by superscription; or
a document relating to her private estates situated or arising in Scotland in accordance with section 6 of the Crown Private Estates Act 1862;
prevent authentication under the Writs Act 1672 of a document passing the seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland formerly in use; or
prevent any document mentioned in paragraph (a) or (b) above authenticated as aforesaid from being recorded in the Register of Sasines, registered in the Land Register of Scotland or registered for execution or preservation in the Books of Council and Session or in sheriff court books.
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Subject to subsections (1) and (2) above, this Act binds the Crown.
The enactments mentioned in Schedule 4 to this Act shall have effect subject to the minor and consequential amendments specified in that Schedule.
The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Subject to subsection (4) below and without prejudice to subsection (5) below and section 11(4) of this Act, nothing in this Act shall—
apply to any document executed or anything done before the commencement of this Act; or
affect the operation, in relation to any document executed before such commencement, of any procedure for establishing the authenticity of such a document.
In the repeal of the Blank Bonds and Trusts Act 1696 (provided for in Schedule 5 to this Act), the repeal of the words from “And farder” to the end—
shall have effect in relation to a deed of trust, whether executed before or after the commencement of this Act; but
notwithstanding paragraph (a) above, shall not have effect in relation to proceedings commenced before the commencement of this Act in which a question arises as to the deed of trust.
The repeal of certain provisions of the Lyon King of Arms Act 1672 (provided for in Schedule 5 to this Act) shall not affect any right of a person to add a territorial designation to his signature or the jurisdiction of the Lord Lyon King of Arms in relation to any such designation.
For the purposes of this Act, if it cannot be ascertained whether a document was executed before or after the commencement of this Act, there shall be a presumption that it was executed after such commencement.
This Act may be cited as the Requirements of Writing (Scotland) Act 1995.
This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.
This Act extends to Scotland only.