Requirements of Writing (Scotland) Act 1995

(1) Subject to sub-paragraphs (2) to (6) below, where— (a) an alteration to a traditional document bears to have been signed by a relevant person with the authority of a granter of the document; (b) the document or alteration, or the testing clause or its equivalent, states that the alteration was read to that granter by the relevant person before such signature or states that the alteration was not so read because the granter made a declaration that he did not wish him to do so; (c) the alteration bears to have been signed by a person as a witness of the relevant person’s signature and the alteration, or the testing clause or its equivalent, bears to state the name and address of the witness; and (d) nothing in the document or alteration, or in the testing clause or its equivalent, indicates— (i) that the alteration was not signed by the relevant person as it bears to have been so signed; (ii) that the statement mentioned in paragraph (b) above is incorrect; or (iii) that the alteration was not validly witnessed for any reason specified in paragraphs (a) to (e) of sub-paragraph (4) below (as modified by paragraph 11 of Schedule 3 to this Act), the alteration shall be presumed to have been signed by the relevant person and the statement so mentioned shall be presumed to be correct.

.

10

In paragraph 1(3) of Schedule 1 for the words “sub-paragraph (1)(b)” there shall be substituted the words “ sub-paragraph (1)(c) ”.

11

For paragraph 1(4) of Schedule 1 there shall be substituted the following sub-paragraph—

(4) Where, in any proceedings relating to an alteration to a document in which a question arises as to a relevant person’s signature on behalf of a granter under section 9(1) of this Act, it is established— (a) that a signature bearing to be the signature of the witness of the relevant person’s signature is not such a signature, whether by reason of forgery or otherwise; (b) that the person who signed the alteration as the witness of the relevant person’s signature is a person who is named in the document as a granter of it; (c) that the person who signed the alteration as the witness of the relevant person’s signature, at the time of signing— (i) did not know the granter on whose behalf the relevant person had so signed; (ii) was under the age of 16 years; or (iii) was mentally incapable of acting as a witness; (d) that the person who signed the alteration, purporting to be the witness of the relevant person’s signature, did not see him sign it; (dd) that the person who signed the alteration as the witness of the relevant person’s signature did not witness the granting of authority by the granter concerned to the relevant person to sign the alteration on his behalf or did not witness the reading of the alteration to the granter by the relevant person or the declaration that the granter did not wish him to do so; (e) that the person who signed the alteration as the witness of the relevant person’s signature did not sign the alteration after him or that the signing of the alteration by the granter and the witness was not one continuous process; (f) that the name or address of such a witness was added after the alteration was founded on or registered as mentioned in sub-paragraph (3)(a) above or is erroneous in any material respect; or (g) in the case of an alteration to a testamentary document consisting of more than one sheet, that a signature on any sheet of the alteration bearing to be the signature of the relevant person is not such a signature, whether by reason of forgery or otherwise, then, for the purposes of those proceedings, there shall be no presumption that the alteration has been signed by the relevant person on behalf of the granter concerned.

.

12

In paragraph 1(6) of Schedule 1 the words “or the acknowledgement of his signature” and the words “or acknowledgement” shall be omitted.

13

Paragraph 1(7) of Schedule 1 shall be omitted.

14

For paragraph 2(1) of Schedule 1 there shall be substituted the following sub-paragraph—

(1) Where— (a) an alteration to a traditional document bears to have been signed by a relevant person under section 9(1) of this Act on behalf of a granter of the document; but (b) there is no presumption under paragraph 1 of Schedule 1 to this Act (as modified by paragraph 9 of Schedule 3 to this Act) that the alteration has been signed by that person or that the procedure referred to in paragraph 1(1)(b) of Schedule 1 to 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 alteration was so signed by the relevant person with the authority of the granter and that the relevant person read the alteration to the granter before signing 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.

.

15

At the end of paragraph 2(5)(a) of Schedule 1 there shall be added the following words— “ and that the procedure referred to in paragraph 1(1)(b) of Schedule 1 to this Act as modified by paragraph 9 of Schedule 3 to this Act was followed. ”.

SCHEDULE 4

General adaptation

1

• (1) Any reference in any other enactment to a probative document shall, in relation to a document executed after the commencement of this Act, be construed as a reference to a document in relation to which section 6(2)or 9G(2) of this Act applies.

• (2) For the purposes of any enactment—

• (a) providing for a document to be executed by a body corporate by affixing its common seal; or

• (b) referring (in whatever terms) to a document so executed,

a document signed , subscribed or authenticated by or on behalf of the body corporate in accordance with the provisions of the Requirements of Writing (Scotland) Act 1995 shall have effect as if so executed.

Lands Clauses Consolidation (Scotland) Act 1845

2

In Schedules (A) and (B) to the Lands Clauses Consolidation (Scotland) Act 1845 at the end of each of the forms there shall be added—

Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Infeftment Act 1845

3

In Schedules (A) and (B) to the Infeftment Act 1845 for the words from “In witness” to the end there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Commissioners Clauses Act 1847

4

At the end of section 59 of the Commissioners Clauses Act 1847 there shall be added the following subsection—

(2) This section shall apply to Scotland as if— (a) for the words from “by deed under” to “recorded” there were substituted the words— “by a document— (a) if they are a corporation, subscribed in accordance with section 7 of, and paragraph 5 of Schedule 2 to, the Requirements of Writing (Scotland) Act 1995; (b) if they are not a corporation, subscribed in accordance with the said section 7 by the commissioners or any two of them acting by the authority of and on behalf of the commissioners; and a document so subscribed, followed by infeftment duly recorded,”; (b) for the words from “under such” to “acting” there were substituted the word “subscribed”.

5

At the end of section 75 of that Act there shall be added the following subsection—

(2) This section shall apply to Scotland as if for the words “by deed” to “five of them” there were substituted the words—in a document— (a) which is duly stamped; (b) in which the consideration is truly stated; and (c) which is subscribed, if the commissioners— (i) are a corporation, in accordance with section 7 of, and paragraph 5 of Schedule 2 to, the Requirements of Writing (Scotland) Act 1995; (ii) are not a corporation, in accordance with the said section 7 by the commissioners or any five of them,

.

6

At the end of section 77 of that Act there shall be added the following subsection—

(2) This section shall apply to Scotland as if for the words “by deed duly stamped” there were substituted the words “in a document which is duly stamped and which is subscribed in accordance with the Requirements of Writing (Scotland) Act 1995.”.

.

7

In Schedule (B) to that Act—

• (a) the words from “or, if the deed” to “case may be,” are hereby repealed;

• (b) at the end there shall be added the words

[or, if the document is granted under Scots law, insert testing clause+] +Note—As regards a document granted under Scots law, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

8

In Schedule (C) to that Act—

• (a) the words from “[or, if the deed” to “Scotland,]” are hereby repealed;

• (b) at the end there shall be added the words

[or, if the document is granted under Scots law, insert testing clause+] +Note—As regards a document granted under Scots law, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Entail Amendment Act 1848

9

In section 50 of the Entail Amendment Act 1848 for the word “tested” there shall be substituted the word “ subscribed ”.

10

In the Schedule to that Act—

• (a) the words “and of the witnesses subscribing,” are hereby repealed;

• (b) for the words from “In witness whereof” to the end there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the heir of entail in possession and the notary public will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Ordnance Board Transfer Act 1855

11

At the end of section 5 of the Ordnance Board Transfer Act 1855 there shall be added the following subsection—

(2) This section shall apply to Scotland as if for the words from “signing” to “his deed” there were substituted the words “subscribing it in accordance with the Requirements of Writing (Scotland) Act 1995”.

.

Registration of Leases (Scotland) Act 1857

12

In Schedule (A) to the Registration of Leases (Scotland) Act 1857 for the words “in common form” there shall be substituted—

+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

13

In each of Schedules (B), (C), (D), (F), (G) and (H) to that Act after the words “Testing clause” there shall be inserted

+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Transmission of Moveable Property (Scotland) Act 1862

14

In each of Schedules A and B to the Transmission of Moveable Property (Scotland) Act 1862 for the words from “In witness whereof” to the end there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

15

In Schedule C to that Act for the words from “and D” to the end there shall be substituted the words “ Testing clause ”.

Titles to Land Consolidation (Scotland) Act 1868

16

In Schedule (B) nos. 1 and 2 and (AA) no. 3 to the Titles to Land Consolidation (Scotland) Act 1868 for the words from “In witness whereof” to “usual form]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

17

In Schedules (J), (BB) no. 1, (CC) nos. 1 and 2 and (OO) to that Act for the words from “In witness whereof” to the end there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

18

In Schedule (FF) no. 1 to that Act—

• (a) for the words from “In witness whereof” to “usual form]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end there shall be added “+ Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).”.

19

In Schedule (GG) to that Act—

• (a) for the words from “In witness whereof” to “I K Witness” there shall be substituted the words “ Testing clause+ ”;

• (b) after Note (b) there shall be inserted—

+(c) Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

20

In Schedule (NN) to that Act—

• (a) for the words from “In witness whereof” to “G H Witness” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end there shall be added—

+Subscription of the document by the granter if it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Conveyancing (Scotland) Act 1874

21

In Schedules C, F, L nos. 1 and 2 and N to the Conveyancing (Scotland) Act 1874 for the words “In witness whereof [testing clause]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

22

In Schedule G to that Act—

• (a) for the words “In witness whereof [testing clause]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the Note there shall be added—

+Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

23

In Schedule M to that Act for the words “and add testing clause]” there shall be substituted the words

Testing clause+] +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Colonial Stock Act 1877

24

At the end of subsection (1) of section 4 of the Colonial Stock Act 1877 there shall be added the words “or, in relation to Scotland, subscribed in accordance with section 7 of the Requirements of Writing (Scotland) Act 1995.”.

25

At the end of section 6 of that Act there shall be added the following subsection—

(2) This section shall have effect in relation to Scotland as if for the words from “given” to “attested” there were substituted the words “subscribed by the person not under disability in accordance with section 7 of the Requirements of Writing (Scotland) Act 1995.”.

.

Colonial Stock Act 1892

26

After subsection (2) of section 2 of the Colonial Stock Act 1892 there shall be added the following subsection—

(2A) This section shall have effect in relation to Scotland as if— (a) in subsection (1) for the words from “deed according” to “parties” there were substituted the words “a document in the form set out in the Schedule to this Act or to the like effect and the document as executed”; (b) in subsection (2) for the words “by deed” there were substituted the words “under this section”.

27

At the end of the Schedule to that Act there shall be added the words

[If the document is granted under the law of Scotland, for the words from “Witness our hands” to the end substitute “[Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]”]

.

Feudal Casualties (Scotland) Act 1914

28

In each of Schedules B and C to the Feudal Casualties (Scotland) Act 1914—

• (a) for the words “In witness whereof” there shall be substituted the words “ Testing clause ”; and

• (b) at the end of the Note there shall be added the words “Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).”.

Trusts (Scotland) Act 1921

29

In Schedule A to the Trusts (Scotland) Act 1921—

• (a) for the words “(To be attested)” there s hall be substituted the words “ Testing clause+ ”;

• (b) at the end there shall be added—

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

30

In Schedule B to that Act for the words “(To be attested)” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter or granters of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Conveyancing (Scotland) Act 1924

31

In Schedule B to the Conveyancing (Scotland) Act 1924—

• (a) in forms nos. 1 to 6 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the Notes there shall be added—

+Note 8—Subscription of the document by the notary public (or law agent) on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

32

In Schedule E to that Act for the words “[To be attested]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

33

In Schedules G and H to that Act for the words “[to be attested]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995)

.

34

In Schedule K to that Act—

• (a) in forms nos 1 to 7 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the notes there shall be added—

+Note 5—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

35

In Schedule L to that Act, in form 4, for the words “[To be attested]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the notary public or law agent on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

36

In Schedule N to that Act for the words “[To be attested]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Long Leases (Scotland) Act 1954

37

In the Fourth Schedule to the Long Leases (Scotland) Act 1954—

• (a) for the words “[To be attested]” there shall be substituted the words— “ Testing clause+ ”;

• (b) at the end of the Notes there shall be added—

+4 Subscription of the feu contract by the parties to it will be sufficient for the contract to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Succession (Scotland) Act 1964

38

At the end of section 21 of the Succession (Scotland) Act 1964 there shall be added the following subsection—

(2) This section shall not apply to a testamentary document executed after the commencement of the Requirements of Writing (Scotland) Act 1995.

.

39

After section 21 of that Act there shall be inserted the following section—

(21A) Confirmation of an executor to property disposed of in a testamentary document executed after the commencement of the Requirements of Writing (Scotland) Act 1995 shall not be granted unless the formal validity of the document is governed— (a) by Scots law and the document is presumed under section 3 or 4 of that Act to have been subscribed by the granter so disposing of that property; or (b) by a law other than Scots law and the court is satisfied that the document is formally valid according to the law governing such validity.

.

40

For section 32 of that Act there shall be substituted the following section—

(32) (1) For the purpose of any question arising as to entitlement, by virtue of a testamentary disposition, to any relevant property or to any interest therein, the disposition shall be treated as valid in respect of the formalities of execution. (2) Subsection (1) above is without prejudice to any right to challenge the validity of the testamentary disposition on the ground of forgery or on any other ground of essential invalidity. (3) In this section “relevant property” means property disposed of in the testamentary disposition in respect of which— (a) confirmation has been granted; or (b) probate, letters of administration or other grant of representation— (i) has been issued, and has noted the domicile of the deceased to be, in England and Wales or Northern Ireland; or (ii) has been issued outwith the United Kingdom and had been sealed in Scotland under section 2 of the Colonial Probates Act 1892.

.

41

In Schedule 1 to that Act for the words “[To be attested by two witnesses] [Signature of A B]” there shall be substituted the words

Testing clause+ +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Industrial and Provident Societies Act 1965

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conveyancing and Feudal Reform (Scotland) Act 1970

44

In Schedule 2 to the Conveyancing and Feudal Reform (Scotland) Act 1970—

• (a) in forms A and B for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the Notes there shall be added—

+Note 8—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

45

In Schedule 4 to that Act—

• (a) in form A and forms C to F for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the Notes there shall be added—

+Note 7—Subscription of the document by the granter of it, or in the case of form E the granter and the consenter to the variation, will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

46

In Schedule 5 to that Act, in form D—

• (a) in nos 1 and 2 for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end there shall be added—

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

47

In Schedule 9 to that Act—

• (a) for the words “[To be attested]” there shall be substituted the words “ Testing clause+ ”;

• (b) at the end of the Notes there shall be added—

+Note 4—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

.

Petroleum and Submarine Pipe-lines Act 1975

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1977

49

In section 31(6) of the Patents Act 1977 for the words from “probative” to the end there shall be substituted the words “ subscribed in accordance with the Requirements of Writing (Scotland) Act 1995. ”.

Oil and Gas (Enterprise) Act 1982

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Consolidation (Consequential Provisions) Act 1985

57

At the end of section 11 of the Companies Consolidation (Consequential Provisions) Act 1985 there shall be added the following subsection—

(3) The foregoing provisions of this section are without prejudice to the right of a company to subscribe such securities and documents in accordance with the Requirements of Writing (Scotland) Act 1995.

.

Insolvency Act 1986

58

In section 53 of the Insolvency Act 1986—

• (a) in subsection (1) for the words “a validly executed instrument in writing” there shall be substituted the words “ an instrument subscribed in accordance with the Requirements of Writing (Scotland) Act 1995 ”;

• (b) for subsection (4) there shall be substituted the following subsection—

(4) If the receiver is to be appointed by the holders of a series of secured debentures, the instrument of appointment may be executed on behalf of the holders of the floating charge by any person authorised by resolution of the debenture-holders to execute the instrument.

.

Housing (Scotland) Act 1987

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Writing required for certain contracts, obligations, trusts, conveyances and wills.

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limited Liability Partnerships

3A

• (1) Except where an enactment expressly provides otherwise, where a granter of a traditional document is a limited liability partnership, the document is signed by the limited liability partnership if it is signed on its behalf by a member of the limited liability partnership.

• (2) This Act is without prejudice to paragraph 9 of Schedule 1, paragraph 9 of Schedule 2, and paragraph 7 of Schedule 4, to the Insolvency Act 1986.

• (3) Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document.

• (4) Where a granter of a traditional document is a limited liability partnership, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) and (6) below.

• (5) In section 3–

• (a) for subsection (1) there shall be substituted the following subsections– “

• (1) Subject to subsections (1A) to (7) below, where–

• (a) a traditional document bears to have been subscribed on behalf of a limited liability partnership by a member of the limited liability partnership;

• (b) the document bears to have been signed by a person as a witness of the subscription of the member of the limited liability partnership and to state the name and address of the witness; and

• (c) nothing in the document, or in the testing clause or its equivalent, indicates–

• (i) that it was not subscribed on behalf of the limited liability partnership as it bears to have been so subscribed; or

• (ii) that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below,

the document shall be presumed to have been subscribed by the limited liability partnership.

• (1A) Where a document does not bear to have been signed by a person as a witness of the subscription of the member of the limited liability partnership it shall be presumed to have been subscribed by the limited liability partnership if it bears to have been subscribed on behalf of the limited liability partnership by two members of the limited liability partnership.

• (1B) A presumption under subsection (1) or (1A) above as to subscription of a document does not include a presumption that a person bearing to subscribe the document as a member of the limited liability partnership was such member. ”;

• (b) in subsection (4) after paragraph (g) there shall be inserted the following paragraph– “

• (h) if the document does not bear to have been witnessed, but bears to have been subscribed on behalf of the limited liability partnership by two of the members of the limited liability partnership, that a signature bearing to be the signature of a member is not such a signature, whether by reason of forgery or otherwise; ”.

• (6) In paragraph 1 of Schedule 1–

• (a) for sub-paragraph (1) there shall be substituted the following sub-paragraphs– “

• (1) Subject to sub-paragraphs (1A) to (7) below, where–

• (a) an alteration to a traditional document bears to have been signed on behalf of a limited liability partnership by a member of the limited liability partnership;

• (b) the alteration bears to have been signed by a person as a witness of the signature of the member of the limited liability partnership and to state the name and address of the witness; and

• (c) nothing in the document or alteration, or in the testing clause or its equivalent, indicates–

• (i) that the alteration was not signed on behalf of the limited liability partnership as it bears to have been so signed; or

• (ii) that the alteration was not validly witnessed for any reason specified in paragraphs (a) to (e) of sub-paragraph (4) below,

the alteration shall be presumed to have been signed by the limited liability partnership.

• (1A) Where an alteration does not bear to have been signed by a person as a witness of the signature of the member of the limited liability partnership it shall be presumed to have been signed by the limited liability partnership if it bears to have been signed on behalf of the limited liability partnership by two members of the limited liability partnership.

• (1B) For the purposes of sub-paragraph (1)(b) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent.

• (1C) A presumption under sub-paragraph (1) or (1A) above as to signing of an alteration to a document does not include a presumption that a person bearing to sign the alteration as a member of the limited liability partnership was such member ”;

• (b) in sub-paragraph (4) after paragraph (g) there shall be inserted the following– “

• (h) if the alteration does not bear to have been witnessed, but bears to have been signed on behalf of the limited liability partnership by two of the members of the limited liability partnership, that a signature bearing to be the signature of a member is not such a signature, whether by reason of forgery or otherwise; ”.

Specific enactments

Editorial notes