Requirements of Writing (Scotland) Act 1995

Part 1When writing is required

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

Part 2Traditional documents

1AApplication of Part 2

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

2AFormalities of execution of electronic documents

2BDirections by the Keeper of the Registers of Scotland

2CAuthentication of an electronic document by a person granting in more than one capacity

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

3APresumption as to the authentication of electronic documents

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

5 Alterations to traditional documents: formal validity and presumptions.

6 Registration of traditional documents.

6ARegistration for preservation and execution of electronic standard securities

7 Subscription and signing.

8 Annexations to traditional documents.

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

Part 3Electronic documents

9AApplication of Part 3

9BValidity of electronic documents

9CPresumption as to authentication of electronic documents

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

9EFurther provision by Scottish Ministers about electronic documents

9FDelivery of electronic documents

9GRegistration and recording of electronic documents

Part 4General provisions

10 Forms of testing clause.

10ADisapplication of physical presence requirements

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

12 Interpretation.

13 Application of Act to Crown.

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

15 Short title, commencement and extent.

SCHEDULE 1 Alterations Made to a traditional document After it has been Subscribed

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

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

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

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

SCHEDULE 2 Subscription and Signing: Special Cases

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

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

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

Limited Liability Partnerships

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

Local authorities

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

Other bodies corporate

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

Ministers of the Crown and office-holders

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

SCHEDULE 3 Modifications of This Act in Relation to Subscription or Signing by Relevant Person under Section 9

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

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

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

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

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

6Section 3(7) shall be omitted.

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

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

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

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

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

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

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

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

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

SCHEDULE 4 Minor and Consequential Amendments

General adaptation

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

Specific enactments

Lands Clauses Consolidation (Scotland) Act 1845

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

Infeftment Act 1845

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

Commissioners Clauses Act 1847

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

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

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

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

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

Entail Amendment Act 1848

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

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

Ordnance Board Transfer Act 1855

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

Registration of Leases (Scotland) Act 1857

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

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

Transmission of Moveable Property (Scotland) Act 1862

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

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

Titles to Land Consolidation (Scotland) Act 1868

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

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

18In Schedule (FF) no. 1 to that Act—

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

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

Conveyancing (Scotland) Act 1874

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

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

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

Colonial Stock Act 1877

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

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

Colonial Stock Act 1892

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

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

Feudal Casualties (Scotland) Act 1914

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

Trusts (Scotland) Act 1921

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

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

Conveyancing (Scotland) Act 1924

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

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

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

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

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

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

Long Leases (Scotland) Act 1954

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

Succession (Scotland) Act 1964

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

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

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

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

Industrial and Provident Societies Act 1965

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

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

Conveyancing and Feudal Reform (Scotland) Act 1970

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

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

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

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

Petroleum and Submarine Pipe-lines Act 1975

48 Minor and Consequential Amendments

Patents Act 1977

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

Oil and Gas (Enterprise) Act 1982

50 Minor and Consequential Amendments

Companies Act 1985

51 Minor and Consequential Amendments

52 Minor and Consequential Amendments

53 Minor and Consequential Amendments

54 Minor and Consequential Amendments

55 Minor and Consequential Amendments

56 Minor and Consequential Amendments

Companies Consolidation (Consequential Provisions) Act 1985

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

Insolvency Act 1986

58In section 53 of the Insolvency Act 1986—

Housing (Scotland) Act 1987

59 Minor and Consequential Amendments

60 Minor and Consequential Amendments

SCHEDULE 5 Repeals

Royal arms

Requirements of Writing (Scotland) Act 1995

1995 CHAPTER 7

An Act to reform the law of Scotland with regard to the requirement of writing for certain matters and the formal validity of contractual and other documents and presumptions relating thereto; to abolish any rule of law restricting the proof of any matter to writ or oath and to abolish the procedure of reference to oath; and for connected purposes.

[1st May 1995]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—