Requirements of Writing (Scotland) Act 1995: Overview and Changes, Lecture notes of Art

Download Requirements of Writing (Scotland) Act 1995: Overview and Changes and more Lecture notes Art in PDF only on Docsity! Changes to legislation: Requirements of Writing (Scotland) Act 1995 is up to date with all changes known to be in force on or before 03 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Requirements of Writing (Scotland) Act 1995 CHAPTER 7 REQUIREMENTS OF WRITING (SCOTLAND) ACT 1995 PART 1 WHEN WRITING IS REQUIRED 1 Writing required for certain contracts, obligations, trusts, conveyances and wills. PART 2 TRADITIONAL DOCUMENTS 1A Application of Part 2 2 Type of writing required for formal validity of certain traditional documents. 2A Formalities of execution of electronic documents 2B Directions by the Keeper of the Registers of Scotland 2C Authentication 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. 3A Presumption 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. 6A Registration for preservation and execution of electronic standard securities 7 Subscription and signing. ii Requirements of Writing (Scotland) Act 1995 (c. 7) Document Generated: 2021-08-03 Changes to legislation: Requirements of Writing (Scotland) Act 1995 is up to date with all changes known to be in force on or before 03 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 8 Annexations to traditional documents. 9 Subscription on behalf of blind granter or granter unable to write. PART 3 ELECTRONIC DOCUMENTS 9A Application of Part 3 9B Validity of electronic documents 9C Presumption as to authentication of electronic documents 9D Presumptions as to granter's authentication etc. when established in court proceedings 9E Further provision by Scottish Ministers about electronic documents 9F Delivery of electronic documents 9G Registration and recording of electronic documents PART 4 GENERAL PROVISIONS 10 Forms of testing clause. 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. SCHEDULES 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 General 1 Any reference in this Act to subscription or signing by... Partnerships 2 (1) Except where an enactment expressly provides otherwise, where a... Companies 3 (1) Except where an enactment expressly provides otherwise, where a... Requirements of Writing (Scotland) Act 1995 (c. 7) Document Generated: 2021-08-03 v Changes to legislation: Requirements of Writing (Scotland) Act 1995 is up to date with all changes known to be in force on or before 03 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 32 In Schedule E to that Act for the words “[To... 33 In Schedules G and H to that Act for the... 34 In Schedule K to that Act— (a) in forms nos... 35 In Schedule L to that Act, in form 4, for... 36 In Schedule N to that Act for the words “[To... Long Leases (Scotland) Act 1954 37 In the Fourth Schedule to the Long Leases (Scotland) Act... Succession (Scotland) Act 1964 38 At the end of section 21 of the Succession (Scotland)... 39 After section 21 of that Act there shall be inserted... 40 For section 32 of that Act there shall be substituted... 41 In Schedule 1 to that Act for the words “[To... Industrial and Provident Societies Act 1965 42 In Schedule 3 to the Industrial and Provident Societies Act... 43 In Schedule 4 to that Act, in Form C for... Conveyancing and Feudal Reform (Scotland) Act 1970 44 In Schedule 2 to the Conveyancing and Feudal Reform (Scotland)... 45 In Schedule 4 to that Act— (a) in form A... 46 In Schedule 5 to that Act, in form D— 47 In Schedule 9 to that Act— (a) for the words... Petroleum and Submarine Pipe-lines Act 1975 48 Minor and Consequential Amendments Patents Act 1977 49 In 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 57 At the end of section 11 of the Companies Consolidation... Insolvency Act 1986 58 In section 53 of the Insolvency Act 1986— vi Requirements of Writing (Scotland) Act 1995 (c. 7) Document Generated: 2021-08-03 Changes to legislation: Requirements of Writing (Scotland) Act 1995 is up to date with all changes known to be in force on or before 03 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Housing (Scotland) Act 1987 59 Minor and Consequential Amendments 60 Minor and Consequential Amendments SCHEDULE 5 — Repeals Requirements of Writing (Scotland) Act 1995 (c. 7) Document Generated: 2021-08-03 7 Changes to legislation: Requirements of Writing (Scotland) Act 1995 is up to date with all changes known to be in force on or before 03 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions): – s. 6(1)(aa) inserted by 2007 asp 3 s. 48(1)