Part 10Electronic documents, electronic conveyancing and electronic registration

Electronic documents

96Where requirement for writing satisfied by electronic document

1

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

2

In section 1 (writing required for certain contracts, obligations, trusts, conveyances and wills)—

a

in subsection (2)—

i

for “subsections (2A) and” substitute “subsection”,

ii

after “written document” insert “which is a traditional document”,

iii

after “section 2” insert “or an electronic document complying with section 9B”,

iv

after paragraph (b) insert—

ba

the constitution of an agreement under section 66(1) of the Land Registration etc. (Scotland) Act 2012 (asp 5),

b

in subsection (3)—

i

for “subsections (2)(a) or (2A)” substitute “subsection (2)(a)”,

ii

repeal “written”,

iii

for “an electronic document complying with section 2A,” substitute “section 9B”,

c

in subsection (5), for “subsections (2)(a) or (2A)” substitute “subsection (2)(a)”.

3

The provisions of section 1 as amended by subsection (2) become Part 1 of the Act.

4

The title of Part 1 is “When writing is required”.