Part 10Electronic documents, electronic conveyancing and electronic registration

Electronic documents

96Where requirement for writing satisfied by electronic document

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

2

In section 1 (writing required for certain contracts, obligations, trusts, conveyances and wills)—

a

in subsection (2)—

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for “subsections (2A) and” substitute “ subsection ”,

I2ii

after “written document” insert “ which is a traditional document ”,

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after “section 2” insert “ or an electronic document complying with section 9B ”,

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after paragraph (b) insert—

ba

the constitution of an agreement under section 66(1) of the Land Registration etc. (Scotland) Act 2012 (asp 5),

b

in subsection (3)—

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for “subsections (2)(a) or (2A)” substitute “ subsection (2)(a) ”,

I2ii

repeal “written”,

I2iii

for “an electronic document complying with section 2A,” substitute “ section 9B ”,

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in subsection (5), for “subsections (2)(a) or (2A)” substitute “ subsection (2)(a) ”.

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The provisions of section 1 as amended by subsection (2) become Part 1 of the Act.

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The title of Part 1 is “When writing is required”.