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(1) Nothing in this Act shall—
(a) prevent Her Majesty from authenticating—
(i) a document by superscription; or
(ii) a document relating to her private estates situated or arising in Scotland in accordance with section 6 of the [1862 c. 37.] Crown Private Estates Act 1862;
(b) prevent authentication under the [1672 c. 16.] Writs Act 1672 of a document passing the seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland formerly in use; or
(c) prevent any document mentioned in paragraph (a) or (b) above authenticated as aforesaid from being recorded in the Register of Sasines or registered for execution or preservation in the Books of Council and Session or in sheriff court books.
(2) Nothing in this Act shall prevent a Crown writ from being authenticated or recorded in Chancery under section 78 of the [1868 c. 101.] Titles to Land Consolidation (Scotland) Act 1868.
(3) Subject to subsections (1) and (2) above, this Act binds the Crown.
(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the minor and consequential amendments specified in that Schedule.
(2) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) Subject to subsection (4) below and without prejudice to subsection (5) below and section 11(4) of this Act, nothing in this Act shall—
(a) apply to any document executed or anything done before the commencement of this Act; or
(b) affect the operation, in relation to any document executed before such commencement, of any procedure for establishing the authenticity of such a document.
(4) In the repeal of the [1696 c. 25 (S.).] Blank Bonds and Trusts Act 1696 (provided for in Schedule 5 to this Act), the repeal of the words from “And farder” to the end—
(a) shall have effect in relation to a deed of trust, whether executed before or after the commencement of this Act; but
(b) notwithstanding paragraph (a) above, shall not have effect in relation to proceedings commenced before the commencement of this Act in which a question arises as to the deed of trust.
(5) The repeal of certain provisions of the [1672 c. 47 (S.).] Lyon King of Arms Act 1672 (provided for in Schedule 5 to this Act) shall not affect any right of a person to add a territorial designation to his signature or the jurisdiction of the Lord Lyon King of Arms in relation to any such designation.
(6) For the purposes of this Act, if it cannot be ascertained whether a document was executed before or after the commencement of this Act, there shall be a presumption that it was executed after such commencement.
(1) This Act may be cited as the Requirements of Writing (Scotland) Act 1995.
(2) This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.
(3) This Act extends to Scotland only.
Requirements of Writing (Scotland) Act 1995