S6.3.3 Local Authorities (Post 1995)

The Local Government etc. (Scotland) Act 1994 introduced new rules for execution of deeds by a local authority.

The effect of the new provisions is that a document is probatively executed by a local authority if:

(a) it bears to have been subscribed on behalf of a local authority by being signed on its behalf by its proper officer;

and

(b) (i) the subscription of the document bears to have been attested by at least one witness; or 
     (ii) the document bears to be sealed with the seal of the authority.

The Keeper has, from time to time, received Notices of Payment of Improvement Grant or Repair Grant that have been executed by means of a facsimile signature. Previous guidance (Sasine Memo 97/2004) has been that the execution of certain Local Authority documents by means of a facsimile signature was permitted, in terms of Section 193 of the Local Government (Scotland) Act 1973. However, this facility was repealed by schedule 14 of the 1994 Act.

Therefore, deeds executed with any form of facsimile signature are invalidly executed and should be returned to the submitting agent. For the avoidance of doubt, such Notices require to be witnessed or sealed in compliance with the requirements of Section 6 and schedule 2 of the Requirements of Writing (Scotland) Act 1995.