Part 17

General and miscellaneous

Execution of diligence: electronic standard securities

Registration and execution of electronic standard securities
222
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—

Registration for preservation and execution of electronic standard securities
6A
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.
.