Requirements of Writing (Scotland) Act 1995

1. Introductory Text

2. Part 1 When writing is required

   1. 1. Writing required for certain contracts, obligations, trusts, conveyances and wills.

3. Part 2 Traditional documents

   1. 1A. Application of Part 2

   2. 2. Type of writing required for formal validity of certain traditional documents.

   3. 2A. Formalities of execution of electronic documents

   4. 2B. Directions by the Keeper of the Registers of Scotland

   5. 2C. Authentication of an electronic document by a person granting in more than one capacity

   6. 3. Presumption as to granter’s subscription or date or place of subscription.

   7. 3A. Presumption as to the authentication of electronic documents

   8. 4. Presumption as to granter’s subscription or date or place of subscription when established in court proceedings.

   9. 5. Alterations to traditional documents: formal validity and presumptions.

   10. 6. Registration of traditional documents.

   11. 6A. Registration for preservation and execution of electronic standard securities

   12. 7. Subscription and signing.

   13. 8. Annexations to traditional documents.

   14. 9. Subscription on behalf of blind granter or granter unable to write.

4. Part 3 Electronic documents

   1. 9A. Application of Part 3

   2. 9B. Validity of electronic documents

   3. 9C. Presumption as to authentication of electronic documents

   4. 9D. Presumptions as to granter's authentication etc. when established in court proceedings

   5. 9E. Further provision by Scottish Ministers about electronic documents

   6. 9F. Delivery of electronic documents

   7. 9G. Registration and recording of electronic documents

5. Part 4 General provisions

   1. 10. Forms of testing clause.

   2. 10A. Disapplication of physical presence requirements

   3. 11. Abolition of proof by writ or oath, reference to oath and other common law rules.

   4. 12. Interpretation.

   5. 13. Application of Act to Crown.

   6. 14. Minor and consequential amendments, repeals, transitional provisions and savings.

   7. 15. Short title, commencement and extent.

6. SCHEDULES

   1. SCHEDULE 1

      Alterations Made to a traditional document After it has been Subscribed

      1. Presumption as to granter’s signature or date or place of signing

         1. 1. (1) Subject to sub-paragraphs (2) to (7) below, where—

      2. Presumption as to granter’s signature or date or place of signing when established in court proceedings

         1. 2. (1) Where an alteration to a traditional document bears to...

   2. SCHEDULE 2

      Subscription and Signing: Special Cases

      1. General

         1. 1. Any reference in this Act to subscription or signing by...

      2. Partnerships

         1. 2. (1) Except where an enactment expressly provides otherwise, where a...

      3. Companies

         1. 3. (1) Except where an enactment expressly provides otherwise, where a...

      4. Limited Liability Partnerships

         1. 3A. (1) Except where an enactment expressly provides otherwise, where a...

      5. Local authorities

         1. 4. (1) Except where an enactment expressly provides otherwise, where a...

      6. Other bodies corporate

         1. 5. (1) This paragraph applies to any body corporate other than...

      7. Ministers of the Crown and office-holders

         1. 6. (1) Except where an enactment expressly provides otherwise, where a...

   3. SCHEDULE 3

      Modifications of This Act in Relation to Subscription or Signing by Relevant Person under Section 9

      1. 1. For any reference to the subscription or signing of a...

      2. 2. For section 3(1) there shall be substituted the following subsection—...

      3. 3. In section 3(3) for the words “subsection (1)(b)” there shall...

      4. 4. For section 3(4) there shall be substituted the following subsection—...

      5. 5. In section 3(6) the words “or acknowledgement” in both places...

      6. 6. Section 3(7) shall be omitted.

      7. 7. For section 4(1) there shall be substituted the following subsection—...

      8. 8. At the end of section 4(5)(a) there shall be added...

      9. 9. For paragraph 1(1) of Schedule 1 there shall be substituted...

      10. 10. In paragraph 1(3) of Schedule 1 for the words “sub-paragraph...

      11. 11. For paragraph 1(4) of Schedule 1 there shall be substituted...

      12. 12. In paragraph 1(6) of Schedule 1 the words “or the...

      13. 13. Paragraph 1(7) of Schedule 1 shall be omitted.

      14. 14. For paragraph 2(1) of Schedule 1 there shall be substituted...

      15. 15. At the end of paragraph 2(5)(a) of Schedule 1 there...

   4. SCHEDULE 4

      Minor and Consequential Amendments

      1. General adaptation

         1. 1. (1) Any reference in any other enactment to a probative...

      2. Specific enactments

      3. Lands Clauses Consolidation (Scotland) Act 1845

         1. 2. In Schedules (A) and (B) to the Lands Clauses Consolidation...

      4. Infeftment Act 1845

         1. 3. In Schedules (A) and (B) to the Infeftment Act 1845...

      5. Commissioners Clauses Act 1847

         1. 4. At the end of section 59 of the Commissioners Clauses...

         2. 5. At the end of section 75 of that Act there...

         3. 6. At the end of section 77 of that Act there...

         4. 7. In Schedule (B) to that Act— (a) the words from...

         5. 8. In Schedule (C) to that Act— (a) the words from...

      6. Entail Amendment Act 1848

         1. 9. In section 50 of the Entail Amendment Act 1848 for...

         2. 10. In the Schedule to that Act— (a) the words “and...

      7. Ordnance Board Transfer Act 1855

         1. 11. At the end of section 5 of the Ordnance Board...

      8. Registration of Leases (Scotland) Act 1857

         1. 12. In Schedule (A) to the Registration of Leases (Scotland) Act...

         2. 13. In each of Schedules (B), (C), (D), (F), (G) and...

      9. Transmission of Moveable Property (Scotland) Act 1862

         1. 14. In each of Schedules A and B to the Transmission...

         2. 15. In Schedule C to that Act for the words from...

      10. Titles to Land Consolidation (Scotland) Act 1868

          1. 16. In Schedule (B) nos. 1 and 2 and (AA) no....

          2. 17. In Schedules (J), (BB) no. 1, (CC) nos. 1 and...

          3. 18. In Schedule (FF) no. 1 to that Act—

          4. 19. In Schedule (GG) to that Act— (a) for the words...

          5. 20. In Schedule (NN) to that Act— (a) for the words...

      11. Conveyancing (Scotland) Act 1874

          1. 21. In Schedules C, F, L nos. 1 and 2 and...

          2. 22. In Schedule G to that Act— (a) for the words...

          3. 23. In Schedule M to that Act for the words “and...

      12. Colonial Stock Act 1877

          1. 24. At the end of subsection (1) of section 4 of...

          2. 25. At the end of section 6 of that Act there...

      13. Colonial Stock Act 1892

          1. 26. After subsection (2) of section 2 of the Colonial Stock...

          2. 27. At the end of the Schedule to that Act there...

      14. Feudal Casualties (Scotland) Act 1914

          1. 28. In each of Schedules B and C to the Feudal...

      15. Trusts (Scotland) Act 1921

          1. 29. In Schedule A to the Trusts (Scotland) Act 1921—

          2. 30. In Schedule B to that Act for the words “(To...

      16. Conveyancing (Scotland) Act 1924

          1. 31. In Schedule B to the Conveyancing (Scotland) Act 1924—

          2. 32. In Schedule E to that Act for the words “[To...

          3. 33. In Schedules G and H to that Act for the...

          4. 34. In Schedule K to that Act— (a) in forms nos...

          5. 35. In Schedule L to that Act, in form 4, for...

          6. 36. In Schedule N to that Act for the words “[To...

      17. Long Leases (Scotland) Act 1954

          1. 37. In the Fourth Schedule to the Long Leases (Scotland) Act...

      18. Succession (Scotland) Act 1964

          1. 38. At the end of section 21 of the Succession (Scotland)...

          2. 39. After section 21 of that Act there shall be inserted...

          3. 40. For section 32 of that Act there shall be substituted...

          4. 41. In Schedule 1 to that Act for the words “[To...

      19. Industrial and Provident Societies Act 1965

          1. 42. In Schedule 3 to the Industrial and Provident Societies Act...

          2. 43. In Schedule 4 to that Act, in Form C for...

      20. Conveyancing and Feudal Reform (Scotland) Act 1970

          1. 44. In Schedule 2 to the Conveyancing and Feudal Reform (Scotland)...

          2. 45. In Schedule 4 to that Act— (a) in form A...

          3. 46. In Schedule 5 to that Act, in form D—

          4. 47. In Schedule 9 to that Act— (a) for the words...

      21. Petroleum and Submarine Pipe-lines Act 1975

          1. 48. Minor and Consequential Amendments

      22. Patents Act 1977

          1. 49. In section 31(6) of the Patents Act 1977 for the...

      23. Oil and Gas (Enterprise) Act 1982

          1. 50. Minor and Consequential Amendments

      24. Companies Act 1985

          1. 51. Minor and Consequential Amendments

          2. 52. Minor and Consequential Amendments

          3. 53. Minor and Consequential Amendments

          4. 54. Minor and Consequential Amendments

          5. 55. Minor and Consequential Amendments

          6. 56. Minor and Consequential Amendments

      25. Companies Consolidation (Consequential Provisions) Act 1985

          1. 57. At the end of section 11 of the Companies Consolidation...

      26. Insolvency Act 1986

          1. 58. In section 53 of the Insolvency Act 1986—

      27. Housing (Scotland) Act 1987

          1. 59. Minor and Consequential Amendments

          2. 60. Minor and Consequential Amendments

   5. SCHEDULE 5

      Repeals