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Requirements of Writing (Scotland) Act 1995
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- 1995 c. 7
- SCHEDULE 3
- Section 4
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- Sch. 3 para. 4 words substituted by 2012 asp 5 sch. 3 para. 26(b)
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- Act applied by S.I. 2011/2262 rule 107(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 1 s. 1 renumbered as Pt. 1 by 2012 asp 5 s. 96(3)
- Pt. 1 heading inserted by 2012 asp 5 s. 96(4)
- Pt. 2 heading and s. 1A inserted by 2012 asp 5 sch. 3 para. 2
- Pt. 3 inserted by 2012 asp 5 s. 97(2)
- Pt. 4 title inserted by 2012 asp 5 sch. 3 para. 22
- Pt. 4 s. 10-15 renumbered as Pt. 4 by 2012 asp 5 sch. 3 para. 21
- s. 2A-2C inserted by S.S.I. 2006/491 art. 3(4)
- s. 2A 2B 2C repealed by 2012 asp 5 sch. 3 para. 5
- s. 3A inserted by S.S.I. 2006/491 art. 3(5)
- s. 3A repealed by 2012 asp 5 sch. 3 para. 7
- s. 6A inserted by 2007 asp 3 s. 222(3)
- s. 6A repealed by 2012 asp 5 sch. 3 para. 13
Commencement Orders yet to be applied to the Requirements of Writing (Scotland) Act 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.S.I. 2003/384 art. 2 Commencement Order
- S.S.I. 2003/434 art. 2 commences (2001 asp 10)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
4For section 3(4) there shall be substituted the following subsection—S
“(4)Where, in any proceedings relating to a document in which a question arises as to a relevant person’s subscription on behalf of a granter under section 9(1) of this Act, it is established—
(a)that a signature bearing to be the signature of the witness of the relevant person’s subscription is not such a signature, whether by reason of forgery or otherwise;
(b)that the person who signed the document as the witness of the relevant person’s subscription is a person who is named in the document as a granter of it;
(c)that the person who signed the document as the witness of the relevant person’s subscription, at the time of signing—
(i)did not know the granter on whose behalf the relevant person had so subscribed;
(ii)was under the age of 16 years; or
(iii)was mentally incapable of acting as a witness;
(d)that the person who signed the document, purporting to be the witness of the relevant person’s subscription, did not see him subscribe it;
(dd)that the person who signed the document as the witness of the relevant person’s subscription did not witness the granting of authority by the granter concerned to the relevant person to subscribe the document on his behalf or did not witness the reading of the document to the granter by the relevant person or the declaration that the granter did not wish him to do so;
(e)that the person who signed the document as the witness of the relevant person’s subscription did not sign the document after him or that such subscription and signature were not one continuous process;
(f)that the name or address of such a witness was added after the document was founded on or registered as mentioned in subsection (3)(a) above or is erroneous in any material respect; or
(g)in the case of a testamentary document consisting of more than one sheet, that a signature on any sheet bearing to be the signature of the relevant person is not such a signature, whether by reason of forgery or otherwise,
then, for the purposes of those proceedings, there shall be no presumption that the document has been subscribed by the relevant person on behalf of the granter concerned.”.
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