Section 40.
I, A.B., (designation) hereby acknowledge that [the disposition (or assignation) granted by C.D., (designation) (or by E.F., (designation) with consent of C.D., (designation)) in my favour (or in favour of G.H., (designation of original creditor)) recorded in the Register for ........................ on ........................] [or, where endorsed on the disposition or assignation,the foregoing disposition (or assignation)] [describe security discharged by reference to the parties thereto and to the details of its recording] although in its terms ex facie absolute was truly in security of an advance of £ (or a maximum amount of £ in other cases describe as indicated in Note 2 to Schedule 4 to this Act), and that all moneys intended to be secured thereby have been fully paid.
[F1Testing clause+]
Textual Amendments
F1Words in Sch. 9 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 47(a) (with ss. 9(3)(5)(7), 13, 14(3))
Note 1.—The discharge may be separate or endorsed on the ex facie absolute disposition or assignation.
Note 2.—Where the grantor of the discharge is not the original creditor, the separate form of discharge shall be used.
Note 3.—Where the grantor of the discharge is not the original creditor but has a recorded title, no specification of the grantor’s title is required. Where the grantor of the discharge is not the original creditor and has not a recorded title, insert at the end of the discharge a clause of deduction of title as follows:
The subjects conveyed by the said disposition (or otherwise, as the case may be)were last vested in the said G.H. as aforesaid (or, where the last recorded title to the subjects was in favour of a person other than the original creditor, say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by (here specify shortly the writ or writs by which right was so acquired).
[F2+Note 4— [F3In the case of a traditional document, subscription of it by the granter] will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 [F4, which also makes provision as regards the authentication of an electronic document]).]
Textual Amendments
F2Sch. 9 Note 4 added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 47(b) (with ss. 9(3)(5)(7), 13, 14(3))
F3Words in Sch. 9 Note 4 substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(25)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F4Words in Sch. 9 Note 4 inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(25)(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2