SCHEDULES

SCHEDULE 3 Modifications of This Act in Relation to Subscription or Signing by Relevant Person under Section 9

7

For section 4(1) there shall be substituted the following subsection—

1

Where—

a

a F1traditional document bears to have been subscribed by a relevant person under section 9(1) of this Act on behalf of a granter of it; but

b

there is no presumption under section 3 of this Act (as modified by paragraph 2 of Schedule 3 to this Act) that the document has been subscribed by that person or that the procedure referred to section 3(1)(b) of this Act as so modified was followed,

then, if the court, on an application being made to it by any person who has an interest in the document, is satisfied that the document was so subscribed by the relevant person with the authority of the granter and that the relevant person read the document to the granter before subscription or did not so read it because the granter declared that he did not wish him to do so, it shall—

i

cause the document to be endorsed with a certificate to that effect; or

ii

where the document has already been registered in the Books of Council and Session or in sheriff court books, grant decree to that effect.