The Land Registration etc. (Scotland) Act 2012 (Commencement No. 2 and Transitional Provisions) Order 2014

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Commencement No. 2 and Transitional Provisions) Order 2014 and comes into force on 22nd March 2014.

(2) In this Order—

“the Act” means the Land Registration etc. (Scotland) Act 2012;

“the 1995 Act” means the Requirements of Writing (Scotland) Act 1995(1);

“ARTL System” has the meaning given by section 12 of the 1995 Act(2); and

“electronic communication(3)” has the meaning given by section 12 of the 1995 Act.

Day appointed

2.—(1) Subject to paragraph (2)—

(a) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 1 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 22nd March 2014;

(b) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 2 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 11th May 2014; and

(c) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 3 of the Schedule (the subject matter of which is specified in column 2 of that Part) is the designated day(4).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1)(a), (b) or (c) for that purpose only.

Transitional provision – Automated Registration of Title to Land

3.—(1) Paragraphs (2) to (4) have effect for the period beginning on 11th May 2014 and ending with the day before the designated day.

(2) Insofar as the provisions of the 1995 Act come into force by virtue of article 2(1)(b) they do not apply to documents created as an electronic communication within the ARTL system.

(3) Sections 1(2A) and (2B), 2A, 2C, 3A and 6A of the 1995 Act(5) apply only to documents created as an electronic communication within the ARTL system.

(4) Section 12 of the 1995 Act (interpretation)(6) applies as if it contained a definition of “traditional document” meaning a document written on paper, parchment or some similar tangible surface.

Transitional provision – special cases of subscription and signing

4.—(1) For the period beginning on 11th May 2014 and ending with the day before the designated day, section 7 of and Schedule 2 to the 1995 Act (subscription and signing: special cases) apply to an electronic document as if “signed” and “subscribed” means “authenticated”; and “sign”, “signs”, “signature”, “signing” and “subscription” are to be construed accordingly.

(2) In this article “electronic document” has the meaning given by section 9A of the 1995 Act (subject to article 3(2) which has the effect of excluding documents created as an electronic communication within the ARTL system).

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th February 2014