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Requirements of Writing (Scotland) Act 1995
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Requirements of Writing (Scotland) Act 1995, Section 2 is up to date with all changes known to be in force on or before 09 February 2025. 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.
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Changes and effects yet to be applied to Section 2:
- s. 6(1)(aa) inserted by 2007 asp 3 s. 48(1)
- Sch. 2 para. 2A and cross-heading inserted by 2024 asp 2 s. 79(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(1)(aa) inserted by 2007 asp 3 s. 48(1)
- Sch. 2 para. 2A and cross-heading inserted by 2024 asp 2 s. 79(2)
2 Type of writing required for formal validity of certain [F1traditional] documents.S
(1)No [F2traditional] 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.
(2)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 [F3traditional documents] and the acceptance is contained in another [F4traditional document] or other [F3traditional documents], and [F5such] document is subscribed by the granter or granters thereof.
(3)Nothing in this section shall prevent a [F6traditional 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.
(4)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.
Textual Amendments
F1Word in s. 2 heading inserted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 4 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
F2Word in s. 2(1) inserted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 3(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
F3Words in s. 2(2) substituted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 3(b)(i) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
F4Words in s. 2(2) substituted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 3(b)(ii) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
F5Word in s. 2(2) substituted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 3(b)(iii) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
F6Words in s. 2(3) substituted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 3(c) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(b)(2), Sch. Pt. 2 (with arts. 3, 4)
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