Part 17General and miscellaneous

Execution of diligence: electronic standard securities

222Registration and execution of electronic standard securities

1

The Requirements of Writing (Scotland) Act 1995 (c. 7) is amended as follows.

2

In section 6(1) of that Act (recording and registration of documents), after “subsection (3) below” insert “ and section 6A of this Act ”.

3

After section 6 of that Act insert—

6ARegistration for preservation and execution of electronic standard securities

1

This section applies where an electronic document, which creates a standard security over a real right in land, is presumed under section 3A of this Act to have been authenticated by the granter.

2

An office copy of the electronic document may be registered for preservation and execution in the Books of Council and Session or in the sheriff court books.

3

An office copy so registered is to be treated for the purposes of executing any diligence (including, for the avoidance of doubt, for the purposes of sections 1 and 2 of the Writs Execution (Scotland) Act 1877 (c. 40)) as if—

a

the standard security were created by a document to which section 6(2) of this Act applies; and

b

the office copy were that document.