Watchtower/Law library/Legal Writings (Counterparts and.../1 Execution of documents in counterpart
As last captured

Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 ·

1 Execution of documents in counterpart

s. 1 · in force: yes

Captured statutory text (L5)

1 Execution of documents in counterpart

(1)A document may be executed in counterpart.
(2)A document is executed in counterpart if—
(a)it is executed in two or more duplicate, interchangeable, parts, and
(b)no part is subscribed by both or all parties.
(3)On such execution, the counterparts are to be treated as a single document.
(4)That single document may be made up of—
(a)both or all the counterparts in their entirety, or
(b)one of the counterparts in its entirety, collated with the page or pages on which the other counterpart has, or other counterparts have, been subscribed.
(5)A document executed in counterpart becomes effective when—
(a)both or all the counterparts have been delivered in accordance with subsection (6) or (7), and
(b)any other step required by an enactment or rule of law for the document to become effective has been taken.
(6)Each counterpart is to be delivered to the party or parties who did not subscribe the counterpart in question unless it is a counterpart which falls to be delivered under subsection (7).
(7)If a party has, under section 2(1), nominated a person to take delivery of one or more counterparts, the counterpart in question is (or counterparts in question are) to be delivered to that person.
(8)Subsection (5) is subject to subsection (9).
(9)Where a counterpart is to be held by the recipient as undelivered, the counterpart is not to be treated as delivered for the purposes of subsection (5)(a) until—
(a)the person from whom the counterpart is received indicates to the recipient that it is to be so treated, or
(b)if a specified condition is to be satisfied before the counterpart may be so treated, the condition has been satisfied.
Full captured verbatim text
(1) A document may be executed in counterpart.

(2) A document is executed in counterpart if—

(a) it is executed in two or more duplicate, interchangeable, parts, and

(b) no part is subscribed by both or all parties.

(3) On such execution, the counterparts are to be treated as a single document.

(4) That single document may be made up of—

(a) both or all the counterparts in their entirety, or

(b) one of the counterparts in its entirety, collated with the page or pages on which the other counterpart has, or other counterparts have, been subscribed.

(5) A document executed in counterpart becomes effective when—

(a) both or all the counterparts have been delivered in accordance with subsection (6) or (7), and

(b) any other step required by an enactment or rule of law for the document to become effective has been taken.

(6) Each counterpart is to be delivered to the party or parties who did not subscribe the counterpart in question unless it is a counterpart which falls to be delivered under subsection (7).

(7) If a party has, under section 2(1), nominated a person to take delivery of one or more counterparts, the counterpart in question is (or counterparts in question are) to be delivered to that person.

(8) Subsection (5) is subject to subsection (9).

(9) Where a counterpart is to be held by the recipient as undelivered, the counterpart is not to be treated as delivered for the purposes of subsection (5)(a) until—

(a) the person from whom the counterpart is received indicates to the recipient that it is to be so treated, or

(b) if a specified condition is to be satisfied before the counterpart may be so treated, the condition has been satisfied.

What this provision means

Model summary, checked against the text on the left.

Relevance to Signicat: 2/3 · detailed summary (L4) Status: not needed for a short provision · Stored artifact; current recipe verification unavailable

Documents executed in counterpart become effective upon delivery of all duplicate parts to other parties or a nominated recipient.

Only the one-line summary above is stored for this provision; the text itself is the evidence.

Refers to

cross-reference internal_cite · s. 2

Referred to by

cross-reference internal_cite · s. 3

Part summaries

0 of 0 parts have a verified summary.

L1 unavailable for current verification: the overall summary needs every part verified. Provisions and the verified summaries remain readable.

Verification findings (9)

synthesis coverage: missing/unverified L2 main

synthesis coverage: missing evaluation uk:asp/2015/4#section-1

synthesis coverage: missing evaluation uk:asp/2015/4#section-2

synthesis coverage: missing evaluation uk:asp/2015/4#section-3

synthesis coverage: missing evaluation uk:asp/2015/4#section-4

synthesis coverage: missing evaluation uk:asp/2015/4#section-5

synthesis coverage: missing evaluation uk:asp/2015/4#section-6

synthesis coverage: missing evaluation uk:asp/2015/4#section-7

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Provenance

Every claim the system makes about this text is traceable to these identifiers.

Instrument
uk:asp/2015/4
Part
Version
ed8cbf9ae0e388b9f04bf33b…
Content hash
sha256 dc51557262245751bbd2cfa3…
Source
legislation.gov.uk/asp/2015/4