Requirements of Writing (Scotland) Act 1995
1995 c. 7 · Enacted 1 May 1995 · Extends to Scotland
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]
C1I1BE 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:—C2C3C4
Annotations to the whole text
Modifications
- C1
Act applied (30.9.2002) by 2001 asp 10, s. 24(3); S.S.I.2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)
- C2
Act applied (14.11.2011) by The Investment Bank Special Administration (Scotland) Rules 2011 (S.I. 2011/2262), arts. 2, 107(2)
- C3
Act applied (12.4.2019) by The Lerwick Harbour Revision (Constitution) Order 2019 (S.S.I. 2019/136), arts. 1(1), 13(1)
- C4
Act applied (11.1.2024) by Energy Act 2023 (c. 52), ss. 300(5), 334(1); S.I. 2024/32, reg. 2(d)(iii)
Commencement
- I1
Act not in force at Royal Assent. Act wholly in force at 1.8.1995 see s. 15(2).
Contents
- Part 1: When writing is required
- 1Writing required for certain contracts, obligations, trusts, conveyances and wills.
- Part 2: Traditional documents
- 1AApplication of Part 2
- 2Type of writing required for formal validity of certain traditional documents.
- 2AFormalities of execution of electronic documents Repealed
- 2BDirections by the Keeper of the Registers of Scotland Repealed
- 2CAuthentication of an electronic document by a person granting in more than one capacity Repealed
- 3Presumption as to granter’s subscription or date or place of subscription.
- 3APresumption as to the authentication of electronic documents Repealed
- 4Presumption as to granter’s subscription or date or place of subscription when established in court proceedings.
- 5Alterations to traditional documents: formal validity and presumptions.
- 6Registration of traditional documents.
- 6ARegistration for preservation and execution of electronic standard securities Repealed
- 7Subscription and signing.
- 8Annexations to traditional documents.
- 9Subscription on behalf of blind granter or granter unable to write.
- Part 3: Electronic documents
- 9AApplication of Part 3
- 9BValidity of electronic documents
- 9CPresumption as to authentication of electronic documents
- 9DPresumptions 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 4: General provisions
- 10Forms of testing clause.
- 10ADisapplication of physical presence requirements
- 11Abolition of proof by writ or oath, reference to oath and other common law rules. Repealed
- 12Interpretation.
- 13Application of Act to Crown.
- 14Minor and consequential amendments, repeals, transitional provisions and savings.
- 15Short 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
- 1Paragraph 1
- Presumption as to granter’s signature or date or place of signing when established in court proceedings
- 2Paragraph 2
- Schedule 2: Subscription and Signing: Special Cases
- General
- 1Paragraph 1
- Partnerships
- 2Paragraph 2
- Companies
- 3Paragraph 3
- Limited Liability Partnerships
- 3AParagraph 3A
- Local authorities
- 4Paragraph 4
- Other bodies corporate
- 5Paragraph 5
- Ministers of the Crown and office-holders
- 6Paragraph 6
- Schedule 3: Modifications of This Act in Relation to Subscription or Signing by Relevant Person under Section 9
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 4: Minor and Consequential Amendments
- General adaptation
- 1Paragraph 1
- Specific enactments
- Lands Clauses Consolidation (Scotland) Act 1845
- 2Paragraph 2
- Infeftment Act 1845
- 3Paragraph 3
- Commissioners Clauses Act 1847
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Entail Amendment Act 1848
- 9Paragraph 9
- 10Paragraph 10
- Ordnance Board Transfer Act 1855
- 11Paragraph 11
- Registration of Leases (Scotland) Act 1857
- 12Paragraph 12
- 13Paragraph 13
- Transmission of Moveable Property (Scotland) Act 1862
- 14Paragraph 14
- 15Paragraph 15
- Titles to Land Consolidation (Scotland) Act 1868
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Conveyancing (Scotland) Act 1874
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Colonial Stock Act 1877
- 24Paragraph 24
- 25Paragraph 25
- Colonial Stock Act 1892
- 26Paragraph 26
- 27Paragraph 27
- Feudal Casualties (Scotland) Act 1914
- 28Paragraph 28
- Trusts (Scotland) Act 1921
- 29Paragraph 29
- 30Paragraph 30
- Conveyancing (Scotland) Act 1924
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Long Leases (Scotland) Act 1954
- 37Paragraph 37
- Succession (Scotland) Act 1964
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- Industrial and Provident Societies Act 1965
- 42Paragraph 42 Repealed
- 43Paragraph 43 Repealed
- Conveyancing and Feudal Reform (Scotland) Act 1970
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Petroleum and Submarine Pipe-lines Act 1975
- 48Paragraph 48 Repealed
- Patents Act 1977
- 49Paragraph 49
- Oil and Gas (Enterprise) Act 1982
- 50Paragraph 50 Repealed
- Companies Act 1985
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 53Paragraph 53 Repealed
- 54Paragraph 54 Repealed
- 55Paragraph 55 Repealed
- 56Paragraph 56 Repealed
- Companies Consolidation (Consequential Provisions) Act 1985
- 57Paragraph 57
- Insolvency Act 1986
- 58Paragraph 58
- Housing (Scotland) Act 1987
- 59Paragraph 59 Repealed
- 60Paragraph 60 Repealed
- Schedule 5Repeals