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Legal Writings (Counterparts and Delivery) (Scotland) Act 2015

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1Execution of documents in counterpartS

This section has no associated Explanatory Notes

(1)A document may be executed in counterpart.

(2)A document is executed in counterpart if—

(a)it is executed in two or more duplicate, interchangeable, parts, and

(b)no part is subscribed by both or all parties.

(3)On such execution, the counterparts are to be treated as a single document.

(4)That single document may be made up of—

(a)both or all the counterparts in their entirety, or

(b)one of the counterparts in its entirety, collated with the page or pages on which the other counterpart has, or other counterparts have, been subscribed.

(5)A document executed in counterpart becomes effective when—

(a)both or all the counterparts have been delivered in accordance with subsection (6) or (7), and

(b)any other step required by an enactment or rule of law for the document to become effective has been taken.

(6)Each counterpart is to be delivered to the party or parties who did not subscribe the counterpart in question unless it is a counterpart which falls to be delivered under subsection (7).

(7)If a party has, under section 2(1), nominated a person to take delivery of one or more counterparts, the counterpart in question is (or counterparts in question are) to be delivered to that person.

(8)Subsection (5) is subject to subsection (9).

(9)Where a counterpart is to be held by the recipient as undelivered, the counterpart is not to be treated as delivered for the purposes of subsection (5)(a) until—

(a)the person from whom the counterpart is received indicates to the recipient that it is to be so treated, or

(b)if a specified condition is to be satisfied before the counterpart may be so treated, the condition has been satisfied.

Commencement Information

I1S. 1 in force at 1.7.2015 by S.S.I. 2015/242, art. 2

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