Bankruptcy and Diligence etc. (Scotland) Act 2007

Execution of diligence: electronic standard securities

222 Registration and execution of electronic standard securities

(1) The Requirements of Writing (Scotland) Act 1995 (c. 7) is amended as follows.

(2) In section 6(1) of that Act (recording and registration of documents), after “subsection (3) below” insert “and section 6A of this Act”.

(3) After section 6 of that Act insert—

“6A Registration for preservation and execution of electronic standard securities

(1) This section applies where an electronic document, which creates a standard security over a real right in land, is presumed under section 3A of this Act to have been authenticated by the granter.

(2) An office copy of the electronic document may be registered for preservation and execution in the Books of Council and Session or in the sheriff court books.

(3) An office copy so registered is to be treated for the purposes of executing any diligence (including, for the avoidance of doubt, for the purposes of sections 1 and 2 of the Writs Execution (Scotland) Act 1877 (c. 40)) as if—

(a) the standard security were created by a document to which section 6(2) of this Act applies; and

(b) the office copy were that document.”.