- Latest available (Revised)
- Original (As enacted)
Public Registers and Records (Scotland) Act 1948
You are here:
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Public Registers and Records (Scotland) Act 1948
Changes to legislation:
Public Registers and Records (Scotland) Act 1948 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- s. 1(2) words repealed by 2007 asp 3 Sch. 6 Pt. 1
Public Registers and Records (Scotland) Act 1948
1948 CHAPTER 57 11 and 12 Geo 6
An Act to provide for the appointment of a Keeper of the Registers of Scotland and of a Keeper of the Records of Scotland, the transference to such Keepers of the powers and duties of the Keeper of the Registers and Records of Scotland and the discontinuance of that office; to amend the law and procedure regarding registration in the General Register of Sasines and for purposes connected with the aforesaid purposes.
[30th July 1948]
Modifications etc. (not altering text)
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
1 Substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records of Scotland.U.K.
(1)It shall be lawful for the [F1Scottish Ministers] with the consent of the Lord President of the Court of Session to appoint (a) a Keeper of the Registers of Scotland, and (b) a Keeper of the Records of Scotland, and on such appointments being made the office of Keeper of the Registers and Records of Scotland shall cease to exist.
(2)There shall be transferred to and vested in the Keeper of the Registers of Scotland the whole functions of the Keeper of the Registers and Records of Scotland with regard to the framing of the General Register of Sasines, the Register of Hornings, the Register of Inhibitions and AdjudicationsF2... and the Register of Deeds, together with the powers and duties transferred to the said Keeper from the Director of Chancery under section seven of the M1Reorganisation of Offices (Scotland) Act, 1928.
(3)There shall be transferred to and vested in the Keeper of the Records of Scotland, the whole functions of the Keeper of the Registers and Records of Scotland with regard to the preservation of the public registers, records and rolls of Scotland.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In the event of a vacancy in the office of either of the Keepers appointed under this section or in the absence of either of them from any cause his functions shall be performed by such member of his staff or such other person as may be authorised by the [F4Scottish Ministers].
(7)Any reference in any enactment to the Keeper of the General Register of Sasines shall be construed as a reference to the Keeper of the Registers of Scotland, and any reference in any enactment to the Keeper of the Registers and Records of Scotland shall be construed as a reference to the Keeper of the Registers of Scotland or to the Keeper of the Records of Scotland according as the enactment relates to the functions specified in subsection (2) or in subsection (3) of this section.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1Words in s. 1(1) substituted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8, para. 8 (with s. 126(3)-(11)); S.I. 1998/3178, art. 2
F2Words in s. 1(2) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F3S. 1(4)(5) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 22(a), Pt. IV
F4Words in s.1(6) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 22(b)
F5S. 1(8) repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)
Modifications etc. (not altering text)
C2S. 1(3) restricted (5.2.2009) by Scottish Register of Tartans Act 2008 (asp 7), ss. 3(3), 18(2); S.S.I. 2009/5, art. 2
Marginal Citations
2 Provisions as to recording in Register of Sasines.U.K.
The following provisions shall have effect with regard to the recording of writs in the General Register of Sasines—
(a)the names and designations of the presenters of writs shall not be entered in the minute book;
(b)each page of the minute book shall be signed by the Keeper of the Registers of Scotland or by a deputy duly authorised by him in that behalf, and no further signature shall be necessary for the authentication of the minute book; and in particular it shall not be necessary that the minute book be signed by the presenter of a writ or in the case of a writ transmitted to the Register by post [F6or electronically] by a clerk in the office of the said Keeper;
(c) . . . F7
Textual Amendments
F6Words in s. 2(b) inserted (S.) (12.3.2018) by The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 10
F7S. 2(c) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV
3 Amendment of 31 & 32 Vict. c.64. s.6. U.K.
Section six of the Land Registers (Scotland) Act, 1868, shall be amended by the substitution for the words from “attach to his signature” to “and thereafter” of the words “stamp the words “by post” in the presentment book and thereafter enter.”
Modifications etc. (not altering text)
C3The text of s. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
F84 Power to make Acts of Sederunt regarding the Register of Sasines. U.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 4 repealed (S.) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 11 (with s. 121, Sch. 4 para. 13, Sch. 4 para. 16); S.S.I. 2014/127, art. 2
5 Disposal of records which might have been transmitted to Keeper.U.K.
Any regulations made under section twelve of the M2Public Records (Scotland) Act, 1937 with regard to the disposal of records transmitted to the Keeper of the Records of Scotland, shall apply to records which could competently have been transmitted to the said Keeper under section five of the said Act or otherwise if the Keeper and the body or person having the custody of the records so agree.
Marginal Citations
6 Interpretation.U.K.
In this Act, unless the context otherwise requires—
the expression “functions” includes powers and duties; the expressions “minute book” “presentment book” and “register volume” have the like meanings as in the Land Registers (Scotland) Act, 1868.
7†Short title and repeal.U.K.
(1)This Act may be cited as the Public Registers and Records (Scotland) Act, 1948.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F9S. 7(2), Sch. repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)
Modifications etc. (not altering text)
C4A dagger appended to a marginal note means that it is no longer accurate
F10F10SCHEDULEU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 7(2), Sch. repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)
Options/Help
Print Options
PrintThe Whole Act
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.