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Land Registration etc. (Scotland) Act 2012

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SCHEDULE 3SAmendment of Requirements of Writing (Scotland) Act 1995

(introduced by section 98)

This schedule has no associated Explanatory Notes

1SThe 1995 Act is amended as follows.

Commencement Information

I1Sch. 3 para. 1 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

I2Sch. 3 para. 1 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

2SAfter section 1 insert—

Part 2 STraditional documents

1AApplication of Part 2

This Part of this Act applies to documents written on paper, parchment or some similar tangible surface (“traditional documents”)..

Commencement Information

I3Sch. 3 para. 2 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

3SIn section 2 (type of writing required for formal validity of certain documents)—

(a)in subsection (1), after “No” insert “ traditional ”,

(b)in subsection (2)—

(i)for “documents” in both places substitute “ traditional documents ”,

(ii)for first “document” substitute “ traditional document ”,

(iii)after “each” substitute “ such ”,

(c)in subsection (3), for first “document” substitute “ traditional document ”.

Commencement Information

I4Sch. 3 para. 3 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

4SIn the title of section 2, after “certain” insert “ traditional ”.

Commencement Information

I5Sch. 3 para. 4 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

5SSections 2A, 2B and 2C are repealed.

Commencement Information

I6Sch. 3 para. 5 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

6SIn section 3 (presumption as to granter's subscription or date or place of subscription)—

(a)in subsection (1)(a), for “document” substitute “ traditional document ”,

(b)in subsection (2), for “testamentary document consists” substitute “ traditional document is a testamentary document consisting ”,

(c)in subsection (4), for first “document” substitute “ traditional document ”,

(d)in subsection (9), for “document” substitute “ traditional document ”,

(e)in subsection (10)(a), for “testamentary document bears” substitute “ traditional document is a testamentary document bearing ”.

Commencement Information

I7Sch. 3 para. 6 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

7SSection 3A is repealed.

Commencement Information

I8Sch. 3 para. 7 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

8SIn section 4 (presumption as to granter's subscription or date or place of subscription when established in court proceedings)—

(a)in subsection (1), for first “document” substitute “ traditional document ”,

(b)in subsection (2), for first “document” substitute “ traditional document ”.

Commencement Information

I9Sch. 3 para. 8 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

9SIn section 5 (alterations to documents: formal validity and presumptions)—

(a)in subsection (1), for first “document” substitute “ traditional document ”,

(b)in subsection (3), for first “document” substitute “ traditional document ”,

(c)in subsection (4), for first “document” substitute “ traditional document ”,

(d)in subsection (8), for first “document” substitute “ traditional document ”,

(e)subsection (9) is repealed.

Commencement Information

I10Sch. 3 para. 9 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

10SIn the title of section 5, for “documents” substitute “ traditional documents ”.

Commencement Information

I11Sch. 3 para. 10 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

11SIn section 6 (registration of documents)—

(a)in subsection (1), repeal “and section 6A of this Act”,

(b)in subsection (1)(a), for “document” substitute “ traditional document ”,

(c)in subsection (1)(b), for “document” substitute “ traditional document ”,

(d)after subsection (1)(b) insert—

(ba)to register a traditional document in the Land Register of Scotland,,

(e)for subsection (3)(a) substitute—

(a)a document's—

(i)being recorded in the Register of Sasines, or

(ii)being registered in the Land Register of Scotland, in the Books of Council and Session or in sheriff court books,

if an enactment requires or expressly permits such recording or registration notwithstanding that the document is not presumed to have been subscribed by the granter or by at least one of the granters,,

(f)in subsection (3)(b), after “Sasines” insert “ or the registering of such a decree in the Land Register of Scotland ”,

(g)in subsection (4), for “document” substitute “ traditional document ”.

Commencement Information

I12Sch. 3 para. 11(a) in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

12SIn the title of section 6, for “documents” substitute “ traditional documents ”.

Commencement Information

I13Sch. 3 para. 12 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

13SSection 6A is repealed.

Commencement Information

I14Sch. 3 para. 13 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

14SIn section 7 (subscription and signing)—

(a)in subsection (1), for first “document” substitute “ traditional document ”,

(b)in subsection (2)—

(i)for first “document” substitute “ traditional document ”,

(ii)for second “a document” substitute “ such a document ”,

(c)in subsection (4), for first “document” substitute “ traditional document ”,

(d)in subsection (5)—

(i)for first “document” substitute “ traditional document ”,

(ii)for second “a document” substitute “ such a document ”,

(e)in subsection (7), for “documents” substitute “ traditional documents ”.

Commencement Information

I15Sch. 3 para. 14 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

15SIn section 8 (annexations to documents)—

(a)in subsection (1), for first “document” substitute “ traditional document ”,

(b)in subsection (4), for first “document” substitute “ traditional document ”,

(c)in subsection (5), for first “document” substitute “ traditional document ”.

Commencement Information

I16Sch. 3 para. 15 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

16SIn the title of section 8, for “documents” substitute “ traditional documents ”.

Commencement Information

I17Sch. 3 para. 16 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

17SIn section 9 (subscription on behalf of blind granter or granter unable to write)—

(a)for first “document” substitute “ traditional document ”,

(b)in subsection (5)—

(i)in paragraph (a), for “document” substitute “ traditional document ”,

(ii)in paragraph (b), for first “document” substitute “ traditional document as mentioned in section 5(1) ”.

Commencement Information

I18Sch. 3 para. 17 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

18SSection 11 is repealed.

Commencement Information

I19Sch. 3 para. 18 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

19SIn section 12 (interpretation)—

(a)in subsection (1)—

(i)repeal the definition of “ARTL System”,

(ii)after the definition of “authorised” insert—

certification”, in relation to an electronic signature incorporated into or logically associated with an electronic document, means confirming in a statement that—

(a)the electronic signature,

(b)a means of producing, communicating or verifying that signature, or

(c)a procedure applied to that signature,

is, either alone or combined with other factors, a valid means of establishing the authenticity of the electronic document, its integrity or both its authenticity and its integrity (it being immaterial, in construing this definition, whether the statement is made before or after the authentication of an electronic document to which the statement relates),,

(iii)repeal the definition of “dealing”,

(iv)repeal the definition of “digital signature”,

(v)in the definition of “document”, after first “includes” insert “ , in the case of a traditional document, ”,

(vi)repeal the definition of “electronic communication”,

(vii)for the definition of “electronic document” substitute—

electronic document” has the meaning given by section 9A,

electronic signature” means so much of anything in electronic form as—

(a)is incorporated into, or logically associated with, an electronic document, and

(b)purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the electronic document, its integrity or both its authenticity and its integrity,,

(viii)repeal the definitions of “signature-creation data” and “signature-creation device”,

(ix)at the end insert—

traditional document” has the meaning given by section 1A.,

(b)after subsection (3) insert—

(4)In relation to an electronic document—

(a)references to authenticity—

(i)are references to whether the document has been electronically signed by a particular person, and

(ii)may include references to whether the document is accurately timed or dated, and

(b)references to integrity are references as to whether there has been any tampering with, or other modification of, the document..

20SIn section 13 (Crown application), in subsection (1)(c), after “Sasines” insert “ , registered in the Land Register of Scotland ”.

Commencement Information

I20Sch. 3 para. 20 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

21SThe provisions of sections 10 to 15 as amended by this schedule become Part 4 of the Act.

Commencement Information

I21Sch. 3 para. 21 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

22SThe title of Part 4 is “General provisions”.

Commencement Information

I22Sch. 3 para. 22 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

23SIn schedule 1 (alterations made to documents after subscription)—

(a)in paragraph 1(1)(a), for first “document” substitute “ traditional document ”,

(b)in paragraph 2—

(i)in sub-paragraph (1), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (2), for first “document” substitute “ traditional document ”.

Commencement Information

I23Sch. 3 para. 23 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

24SIn the title to schedule 1, for “document” substitute “ traditional document ”.

Commencement Information

I24Sch. 3 para. 24 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

25SIn schedule 2 (subscription and signing: special cases)—

(a)in paragraph 1, for first “document” substitute “ traditional document ”,

(b)in paragraph 2(1), for first “document” substitute “ traditional document ”,

(c)in paragraph 3—

(i)in sub-paragraph (1), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (4), for “document” substitute “ traditional document ”,

(iii)in sub-paragraph (5)(a), in paragraph (a) of the first subsection set out in substitution for section 3(1), for first “document” substitute “ traditional document ”,

(iv)in sub-paragraph (6)(a), in paragraph (a) of the sub-paragraph set out in substitution for paragraph 1(1) of schedule 1, for “document” substitute “ traditional document ”,

(d)in paragraph 3A—

(i)in sub-paragraph (1), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (4), for “document” substitute “ traditional document ”,

(iii)in sub-paragraph (5)(a), in paragraph (a) of the first subsection set out in substitution for section 3(1), for “document” substitute “ traditional document ”,

(iv)in sub-paragraph (6)(a), in paragraph (a) of the first sub-paragraph set out in substitution for paragraph 1(1) of schedule 1, for “document” substitute “ traditional document ”,

(e)in paragraph 4—

(i)in sub-paragraph (1), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (4), for “document” substitute “ traditional document ”,

(iii)in sub-paragraph (5), in paragraph (a) of the first subsection set out in substitution for section 3(1), for “document” substitute “ traditional document ”,

(iv)in sub-paragraph (7), in paragraph (a) of the first sub-paragraph set out in substitution for paragraph 1(1) of schedule 1, for “document” substitute “ traditional document ”,

(f)in paragraph 5—

(i)in sub-paragraph (2), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (4), for “document” substitute “ traditional document ”,

(iii)in sub-paragraph (5), in paragraph (a) of the first subsection set out in substitution for section 3(1), for first “document” substitute “ traditional document ”,

(iv)in sub-paragraph (7), in paragraph (a) of the first sub-paragraph set out in substitution for paragraph 1(1) of schedule 1, for “document” substitute “ traditional document ”,

(g)in paragraph 6—

(i)in sub-paragraph (1), for first “document” substitute “ traditional document ”,

(ii)in sub-paragraph (5), for “document” substitute “ traditional document ”,

(iii)in sub-paragraph (6), in paragraph (a) of the first subsection set out in substitution for section 3(1), for first “document” substitute “ traditional document ”,

(iv)in sub-paragraph (7), in paragraph (a) of the first sub-paragraph set out in substitution for paragraph 1(1) of schedule 1, for first “document” substitute “ traditional document ”.

Commencement Information

I25Sch. 3 para. 25 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

26SIn schedule 3 (modifications of the Act in relation to subscription or signing by relevant person under section 9 of the Act)—

(a)in paragraph 2, in paragraph (a) of the subsection set out in substitution for section 3(1), for “document” substitute “ traditional document ”,

(b)in paragraph 4, in the subsection set out in substitution for section 3(4), for first “document” substitute “ traditional document ”,

(c)in paragraph 7, in paragraph (a) of the subsection set out in substitution for section 4(1), for “document” substitute “ traditional document ”,

(d)in paragraph 9, in sub-paragraph (a) of the paragraph set out in substitution for paragraph 1(1) of schedule 1, for first “document” substitute “ traditional document ”,

(e)in paragraph 14, in sub-paragraph (a) of the paragraph set out in substitution for paragraph 2(1) of schedule 1, for first “document” substitute “ traditional document ”.

Commencement Information

I26Sch. 3 para. 26 in force at 8.12.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 3 (see S.S.I. 2014/127, art. 2)

27SIn paragraph 1 of schedule 4 (minor and consequential amendments)—

(a)in sub-paragraph (1), after “section 6(2)” insert “ or 9F(2) ”,

(b)in sub-paragraph (2), for “or subscribed” substitute “ , subscribed or authenticated ”.

Commencement Information

I27Sch. 3 para. 27 in force at 11.5.2014 for specified purposes by S.S.I. 2014/41, art. 2, sch. Pt. 2 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

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