- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Requirements of Writing (Scotland) Act 1995, SCHEDULE 1 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 5(8)
Textual Amendments
F1Words in Sch. 1 title substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 24 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)
1(1)Subject to sub-paragraphs (2) to (7) below, where—S
(a)an alteration to a [F2traditional document] bears to have been signed by a granter of the document;
(b)the alteration bears to have been signed by a person as a witness of that granter’s signature and the alteration, or the testing clause or its equivalent, bears to state the name and address of the witness; and
(c)nothing in the document or alteration, or in the testing clause or its equivalent, indicates—
(i)that the alteration was not signed by that granter as it bears to have been so signed; or
(ii)that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of sub-paragraph (4) below,
the alteration shall be presumed to have been signed by that granter.
(2)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.
(3)For the purposes of sub-paragraph (1)(b) above—
(a)the name and address of a witness may be added at any time before the alteration is—
(i)founded on in legal proceedings; or
(ii)registered for preservation in the Books of Council and Session or in sheriff court books; and
(b)the name and address of a witness need not be written by the witness himself.
(4)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—
(a)that a signature bearing to be the signature of the witness of that granter’s signature is not such a signature, whether by reason of forgery or otherwise;
(b)that the person who signed the alteration as the witness of that granter’s signature is a person who is named in the document as a granter of the document;
(c)that the person who signed the alteration as the witness of that granter’s signature, at the time of signing—
(i)did not know the granter;
(ii)was under the age of 16 years; or
(iii)was mentally incapable of acting as a witness;
(d)that the person who signed the alteration, purporting to be the witness of that granter’s signature, did not witness such signature;
(e)that the person who signed the alteration as the witness of that granter’s signature did not sign the alteration after him or that the signing of the alteration by the granter or, as the case may be, the granter’s acknowledgement of his signature and the signing by the person as witness were not one continuous process;
(f)that the name or address of the witness of that granter’s signature was added after the alteration was founded on or registered as mentioned in sub-paragraph (3)(a) above or is erroneous in any material respect; or
(g)in the case of an alteration to a testamentary document consisting of more than one sheet, that a signature on any sheet of the alteration bearing to be the signature of the granter is not such a signature, whether by reason of forgery or otherwise,
then, for the purposes of those proceedings, there shall be no presumption that the alteration has been signed by that granter.
(5)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.
(6)For the purposes of sub-paragraph (4)(e) above, where—
(a)an alteration to a document is made by more than one granter; and
(b)a person is the witness to the signature of more than one granter,
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.
(7)For the purposes of the foregoing provisions of this paragraph a person witnesses a granter’s signature of an alteration—
(a)if he sees the granter sign it; or
(b)if the granter acknowledges his signature to that person.
(8)Where—
(a)by virtue of sub-paragraph (1) above an alteration to a document to which this sub-paragraph applies is presumed to have been signed by a granter of the document;
(b)the alteration, or the testing clause or its equivalent, bears to state the date or place of signing of the alteration by that granter; and
(c)nothing in the document or alteration, or in the testing clause or its equivalent, indicates that that statement as to date or place is incorrect,
there shall be a presumption that the alteration was signed by that granter on the date or at the place as stated.
(9)Sub-paragraph (8) above applies to any document other than a testamentary document.
(10)Where—
(a)an alteration to a testamentary document bears to have been signed and the alteration, or the testing clause or its equivalent, bears to state the date or place of signing (whether or not it is presumed under sub-paragraphs (1) to (7) above to have been signed by a granter of the document); and
(b)nothing in the document or alteration, or in the testing clause or its equivalent, indicates that that statement as to date or place is incorrect,
there shall be a presumption that the statement as to date or place is correct.
Textual Amendments
F2Words in Sch. 1 para. 1(1)(a) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 23(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)
2(1)Where an alteration to a [F3traditional 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—S
(a)cause the document to be endorsed with a certificate to that effect; or
(b)where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
(2)Where an alteration to a [F4traditional 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—
(a)cause the document to be endorsed with a certificate to that effect; or
(b)where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
(3)In relation to an application under sub-paragraph (1) or (2) above evidence shall, unless the court otherwise directs, be given by affidavit.
(4)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.
(5)The effect of a certificate or decree—
(a)under sub-paragraph (1) above shall be to establish a presumption that the alteration has been signed by the granter concerned;
(b)under sub-paragraph (2) above shall be to establish a presumption that the statement in the certificate or decree as to date or place is correct.
(6)In this paragraph “the court” means—
(a)in the case of a summary application—
(i)the sheriff in whose sheriffdom the applicant resides; or
(ii)if the applicant does not reside in Scotland, the sheriff at Edinburgh; and
(b)in the case of an application made in the course of other proceedings, the court before which those proceedings are pending.
Textual Amendments
F3Words in Sch. 1 para. 2(1) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 23(b)(i) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)
F4Words in Sch. 1 para. 2(2) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 23(b)(ii) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys