Requirements of Writing (Scotland) Act 1995

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

“(1) Subject to subsections (2) to (6) below, where—

(a) a [F1 traditional document] bears to have been subscribed by a relevant person with the authority of a granter of it;

(b) the document, or the testing clause or its equivalent, states that the document was read to that granter by the relevant person before such subscription or states that it was not so read because the granter made a declaration that he did not wish him to do so;

(c) the document bears to have been signed by a person as a witness of the relevant person’s subscription and the document, or the testing clause or its equivalent, bears to state the name and address of the witness; and

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

(i) that it was not subscribed by the relevant person as it bears to have been so subscribed;

(ii) that the statement mentioned in paragraph (b) above is incorrect; or

(iii) that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below (as modified by paragraph 4 of Schedule 3 to this Act),

the document shall be presumed to have been subscribed by the relevant person and the statement so mentioned shall be presumed to be correct.”.

Textual Amendments

F1 Words in Sch. 3 para. 2 substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 26(a) (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)