Requirements of Writing (Scotland) Act 1995

6 (1) Except where an enactment expressly provides otherwise, where a granter of a [F1 traditional document] is a Minister or an office-holder, the document is signed by the Minister or office-holder if it is signed— S

(a) by him personally; or

(b) in a case where by virtue of any enactment or rule of law a document by a Minister may be signed by an officer of his or by any other Minister, by that officer or by that other Minister as the case may be; or

(c) in a case where by virtue of any enactment or rule of law a document by an office-holder may be signed by an officer of his, by that officer; or

(d) by any other person authorised to sign the document on his behalf.

(2) For the purposes of the signing of a document under this paragraph, a person purporting to sign—

(a) as an officer as mentioned in sub-paragraph (1)(b) or (1)(c) above;

(b) as another Minister as mentioned in sub-paragraph (1)(b) above;

(c) as a person authorised as mentioned in sub-paragraph (1)(d) above,

shall be presumed to be the officer, other Minister or authorised person, as the case may be.

(3) Sub-paragraphs (1) and (2) of this paragraph are without prejudice to section 3 of and Schedule 1 to the M1 Ministers of the Crown Act 1975.

(4) Sub-paragraphs (1) to (3) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document.

(5) Where a granter of a [F2 traditional document] is a Minister or office-holder, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (6) and (7) below.

(6) For section 3(1) there shall be substituted the following subsections—

“(1) Subject to subsections (1A) to (7) below, where—

(a) a [F3 traditional document] bears to have been subscribed—

(i) by a Minister or, in a case where by virtue of any enactment or rule of law a document by a Minister may be signed by an officer of his or by any other Minister, by that officer or by that other Minister; or

(ii) by an office-holder or, in a case where by virtue of any enactment or rule of law a document by an office-holder may be signed by an officer of his, by that officer; or

(iii) by any other person bearing to have been authorised to subscribe the document on behalf of the Minister or office-holder;

(b) the document bears to have been signed by a person as a witness of the subscription mentioned in paragraph (a) above and to state the name and address of the witness; and

(c) nothing in the document, or in the testing clause or its equivalent, indicates—

(i) that it was not subscribed as it bears to have been subscribed; or

(ii) that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below,

the document shall be presumed to have been subscribed by the officer, other Minister or authorised person and by the Minister or office-holder, as the case may be.

(1A) For the purposes of subsection (1)(b) above, the name and address of the witness may bear to be stated in the document itself or in the testing clause or its equivalent.”.

(7) For paragraph 1(1) of Schedule 1 there shall be substituted the following sub-paragraphs—

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

(a) an alteration to a [F4 traditional document] bears to have been signed by—

(i) a Minister or, in a case where by virtue of any enactment or rule of law a document by a Minister may be signed by an officer of his or by any other Minister, by that officer or by that other Minister; or

(ii) an office-holder or, in a case where by virtue of any enactment or rule of law a document by an office-holder may be signed by an officer of his, by that officer; or

(iii) any other person bearing to have been authorised to sign the alteration on behalf of the Minister or office-holder;

(b) the alteration bears to have been signed by a person as a witness of the signature mentioned in paragraph (a) above and 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 as it bears to have been signed; or

(ii) that the alteration 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 the officer, other Minister or authorised person and by the Minister or office-holder, as the case may be.

(1A) For the purposes of sub-paragraph (1)(b) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent.”.

Textual Amendments

F1 Words in Sch. 2 para. 6(1) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(g)(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)

F2 Words in Sch. 2 para. 6(5) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(g)(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)

F3 Words in Sch. 2 para. 6(6) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(g)(iii) (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)

F4 Words in Sch. 2 para. 6(7) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(g)(iv) (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)

Modifications etc. (not altering text)

C1 Sch. 2 para. 6 applied (1.4.2000) by S.S.I. 2000/47 art. 5, Sch. Pt. II

Sch. 2 para. 6 applied (6.4.2001) by S.S.I. 2001/137, art. 5(1), Sch. Pt. II

Sch. 2 para. 6 applied (31.3.2002) by S.S.I. 2002/103, art. 6, Sch. Pt. II (with art. 4(4))

Sch. 2 para. 6 applied (27.6.2002) by S.S.I. 2002/305, art. 5(1), Sch. Pt. II (with art. 4(4))

C2 Sch. 2 para. 6 applied by S.I. 1990/2639 art. 4(3)(b) (as substituted (1.4.2003) by The Health Education Board for Scotland Amendment Order 2003 (S.S.I. 2003/154), art. 5(3))

C3 Sch. 2 para. 6 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 2 (with art. 4(4)(5))

Marginal Citations

M1 1975 c. 26.