# The Land Registration etc. (Scotland) Act 2012 (Commencement No. 2 and Transitional Provisions) Order 2014 S.S.I. 2014/41 · made 19 February 2014 This Order makes provision in relation to bringing into force Part 10 of, and schedule 3 to, the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”) on electronic documents, electronic conveyancing and electronic registration. Schedule 3 makes consequential amendments to the Requirements of Writing (Scotland) Act 1995 (“the 1995 Act”) in relation to bringing electronic documents into operation. Made under: Land Registration etc. (Scotland) Act 2012 PDFs: Printed copy https://openlegislation.uk/land-registration-etc-scotland-act-2012-commencement-no-2-and-transitional-provisions-order-2014/pdf/ssi_20140041_en.pdf; Policy Note https://openlegislation.uk/land-registration-etc-scotland-act-2012-commencement-no-2-and-transitional-provisions-order-2014/pdf/ssipn_20140041_en.pdf ## Introductory text Land Registration Made 19th February 2014 Laid before the Scottish Parliament 21st February 2014 Coming into force 22nd March 2014 The Scottish Ministers make the following Order in exercise of the powers conferred by sections 116(1), 117(1) and 123(3) of the Land Registration etc. (Scotland) Act 2012. ## 1 Citation, commencement and interpretation (1) This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Commencement No. 2 and Transitional Provisions) Order 2014 and comes into force on 22nd March 2014. (2) In this Order— “the Act” means the Land Registration etc. (Scotland) Act 2012; “the 1995 Act” means the Requirements of Writing (Scotland) Act 1995; “ARTL System” has the meaning given by section 12 of the 1995 Act; and “electronic communication” has the meaning given by section 12 of the 1995 Act. ## 2 Day appointed (1) Subject to paragraph (2)— (a) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 1 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 22nd March 2014; (b) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 2 of the Schedule (the subject matter of which is specified in column 2 of that Part) is 11th May 2014; and (c) the day appointed for the coming into force of the provisions of the Act specified in column 1 of Part 3 of the Schedule (the subject matter of which is specified in column 2 of that Part) is the designated day. (2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force in accordance with paragraph (1)(a), (b) or (c) for that purpose only. ## 3 Transitional provision – Automated Registration of Title to Land (1) Paragraphs (2) to (4) have effect for the period beginning on 11th May 2014 and ending with the day before the designated day. (2) Insofar as the provisions of the 1995 Act come into force by virtue of article 2(1)(b) they do not apply to documents created as an electronic communication within the ARTL system. (3) Sections 1(2A) and (2B), 2A, 2C, 3A and 6A of the 1995 Act apply only to documents created as an electronic communication within the ARTL system. (4) Section 12 of the 1995 Act (interpretation) applies as if it contained a definition of “traditional document” meaning a document written on paper, parchment or some similar tangible surface. ## 4 Transitional provision – special cases of subscription and signing (1) For the period beginning on 11th May 2014 and ending with the day before the designated day, section 7 of and Schedule 2 to the 1995 Act (subscription and signing: special cases) apply to an electronic document as if “signed” and “subscribed” means “authenticated”; and “sign”, “signs”, “signature”, “signing” and “subscription” are to be construed accordingly. (2) In this article “electronic document” has the meaning given by section 9A of the 1995 Act (subject to article 3(2) which has the effect of excluding documents created as an electronic communication within the ARTL system). ## Signature FERGUS EWING Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th February 2014 ## 1 Provisions coming into force on 22nd March 2014 Column 1 Column 2 Column 3 Provision of the Act Subject matter Purpose Section 97 Electronic documents Only for the purpose of making regulations Section 99 Automated registration Section 100 Power to enable electronic registration ## 2 Provisions coming into force on 11th May 2014 Column 1 Column 2 Column 3 Provision of the Act Subject matter Purpose Section 96(1) Where requirement for writing satisfied by electronic document For the purpose of the amendments in section 96 commenced by this Part Section 96(2)(a)(ii) and (iii), (b)(ii) and (iii), (3) and (4) Where requirement for writing satisfied by electronic document For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil Section 97 Electronic documents Insofar as not already in force, for all purposes except for the purpose of— (a) any will, testamentary trust disposition and settlement or codicil; (b) inserting section 9G(6) into the 1995 Act Section 98 and schedule 3, paragraph 1 Amendment of Requirements of Writing (Scotland) Act 1995 For the purpose of the amendments in schedule 3 commenced by this Part Schedule 3, paragraphs 3, 4, 6, 8, 9, 10, 11(b) to (g), 18, 19(a)(ii), (vii) and (b), 20 to 22 and 27 Amendment of Requirements of Writing (Scotland) Act 1995 For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil ## 3 Provisions coming into force on the designated day Column 1 Column 2 Column 3 Provision of the Act Subject matter Purpose Section 96(1) Where requirement for writing satisfied by electronic document For the purpose of the amendments in section 96 commenced by this Part Section 96(2)(a)(i) and (iv), (b)(i) and (c) Where requirement for writing satisfied by electronic document For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil Section 98 and schedule 3, paragraph 1 Amendment of Requirements of Writing (Scotland) Act 1995 For the purpose of the amendments in section 98 and schedule 3 commenced by this Part Schedule 3, paragraphs 2, 5, 7, 11(a), 12 to 17, 19(a)(i), (iii) to (vi), (viii) and (ix) and 23 to 26 Amendment of Requirements of Writing (Scotland) Act 1995 For all purposes, except for the purposes of any will, testamentary trust disposition and settlement or codicil ## Explanatory note (This note is not part of the Order) This Order makes provision in relation to bringing into force Part 10 of, and schedule 3 to, the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”) on electronic documents, electronic conveyancing and electronic registration. Schedule 3 makes consequential amendments to the Requirements of Writing (Scotland) Act 1995 (“the 1995 Act”) in relation to bringing electronic documents into operation. Article 2(1)(a) and Part 1 of the Schedule bring into force, on 22nd March 2014 for the limited purpose of making regulations, section 97 of the 2012 Act on the requirements for electronic documents for contracts, obligations, trusts and conveyances (including in relation to real rights in land) to be treated as valid and authenticated under the 1995 Act. Sections 99 and 100 of the 2012 Act on automated registration and the power to enable electronic registration are also commenced. Article 2(1)(b) and Part 2 of the Schedule bring into force, on 11th May 2014, section 97 and parts of sections 96 and 98 of, and schedule 3 to, the 2012 Act except for the purposes of any will, testamentary disposition and settlement or codicil and inserting section 9G(6) into the 1995 Act. From that date, electronic documents by virtue of the provisions under the 2012 Act can satisfy those requirements of writing. Article 2(1)(c) and Part 3 of the Schedule appoint the “designated day” under section 122 of the 2012 Act as the day for the coming into force of Part 10 of the 2012 Act for all other purposes except for the purposes of any will, testamentary disposition and settlement or codicil and inserting section 9G(6) into the 1995 Act. The transitional provisions in article 3 maintain the Automated Registration of Title to Land (ARTL) system under existing provision and directions until the Scottish Ministers replace that system on the designated day under section 99 of the 2012 Act. Article 3(2) and (3) provides for alternative classes of “electronic document” under the 1995 Act for the transitional period from 11th May 2014 to the designated day, to cover both electronic documents within the ARTL system and electronic documents under the provision added to the 1995 Act by the 2012 Act respectively. For that period article 3(4) supplies a definition of traditional documents, and article 4 modifies certain references in the 1995 Act to subscription and signing in relation to electronic documents (prior to the making of regulations under section 9E(1)(b) of the 1995 Act). The Bill for the Land Registration etc. (Scotland) Act 2012 received Royal Assent on 10th July 2012. Sections 113, 114(1), 116, 117, 122, 123 and 124 came into force the following day. --- Source: https://www.legislation.gov.uk/ssi/2014/41 (the official version) Page: https://openlegislation.uk/land-registration-etc-scotland-act-2012-commencement-no-2-and-transitional-provisions-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.