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Requirements of Writing (Scotland) Act 1995
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- 1995 c. 7
- SCHEDULE 1
- Presumption as to granter’s signature or date or place of signing when established in court proceedings
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Presumption as to granter’s signature or date or place of signing when established in court proceedingsS
2(1)Where an alteration to a document bears to have been signed by a granter of the document, but there is no presumption under paragraph 1 above that the alteration has been signed by that granter, then, if the court, on an application being made to it by any person having an interest in the document, is satisfied that the alteration was signed by that granter, it shall—S
(a)cause the document to be endorsed with a certificate to that effect; or
(b)where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
(2)Where an alteration to a document bears to have been signed by a granter of the document, but there is no presumption under paragraph 1 above as to the date or place of signing, then, if the court, on an application being made to it by any person having an interest in the document, is satisfied as to the date or place of signing, it shall—
(a)cause the document to be endorsed with a certificate to that effect; or
(b)where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.
(3)In relation to an application under sub-paragraph (1) or (2) above evidence shall, unless the court otherwise directs, be given by affidavit.
(4)An application under sub-paragraph (1) or (2) above may be made either as a summary application or as incidental to and in the course of other proceedings.
(5)The effect of a certificate or decree—
(a)under sub-paragraph (1) above shall be to establish a presumption that the alteration has been signed by the granter concerned;
(b)under sub-paragraph (2) above shall be to establish a presumption that the statement in the certificate or decree as to date or place is correct.
(6)In this paragraph “the court” means—
(a)in the case of a summary application—
(i)the sheriff in whose sheriffdom the applicant resides; or
(ii)if the applicant does not reside in Scotland, the sheriff at Edinburgh; and
(b)in the case of an application made in the course of other proceedings, the court before which those proceedings are pending.
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