Part 2Traditional documents
6 Registration of F1traditional documents.
(1)
Subject to subsection (3) below F2..., it shall not be competent—
(a)
to record a F3traditional document in the Register of Sasines; or
(b)
to register a F4traditional document for execution or preservation in the Books of Council and Session or in sheriff court books,
F5(ba)
to register a traditional document in the Land Register of Scotland,
unless subsection (2) below applies in relation to the document.
(2)
This subsection applies where—
(a)
the document is presumed under section 3 or 4 of this Act to have been subscribed by the granter; or
(b)
if there is more than one granter, the document is presumed under section 3 or 4 or partly under the one section and partly under the other to have been subscribed by at least one of the granters.
(3)
Subsection (1) above shall not apply in relation to—
F6(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,
(b)
the recording of a court decree in the Register of SasinesF7or the registering of such a decree in the Land Register of Scotland;
(c)
the registration in the Books of Council and Session or in sheriff court books of—
(i)
a testamentary document;
(ii)
a document which is directed by the Court of Session or (as the case may be) the sheriff to be so registered;
(iii)
a document whose formal validity is governed by a law other than Scots law, if the Keeper of the Registers of Scotland or (as the case may be) the sheriff clerk is satisfied that the document is formally valid according to the law governing such validity;
(iv)
a court decree granted under section 4 or 5 of this Act in relation to a document already registered in the Books of Council and Session or in sheriff court books (as the case may be); or
(d)
the registration of a court decree in a separate register maintained for that purpose.
(4)
A F8traditional document may be registered for preservation in the Books of Council and Session or in sheriff court books without a clause of consent to registration.