Trusts and Succession (Scotland) Act 2024

Prospective

79Amendment of Requirements of Writing (Scotland) Act 1995S

This section has no associated Explanatory Notes

(1)In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”.

(2)In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 insert—

Trusts

2A(1)Except where an enactment or the trust deed expressly provides otherwise, where a granter of a document executed after the commencement of section 79 of the Trusts and Succession (Scotland) Act 2024 is a body of trustees, the document is signed by that body if it is signed on the body’s behalf either by a majority of the trustees or by a person (whether or not one of the trustees) authorised to sign the document on the body’s behalf.

(2)Sub-paragraph (1) of this paragraph applies in relation to the signing of an alteration to a document as it applies in relation to the signing of a document.

(3)In this paragraph, “trust” has the meaning assigned to that expression by section 81(1) of that Act of 2024..

Commencement Information

I1S. 79 not in force at Royal Assent, see s. 88(3)