in question to receive sworn statements, and supported by evidence that the person before whom it is sworn is duly authorised. Such evidence should take the form of an apostille or legalisation, as appropriate. • It will also be acceptable if sworn in the presence of a UK diplomatic official acting in the country in question and authorised under section 6 of the Commissioners for Oaths Act 1889²². • If sworn in England, it will be acceptable if it is sworn in the presence of a solicitor licensed to practise there, since all English solicitors are ex officio commissioners for oaths by virtue of section 81 of the Solicitors Act 1974²³. Gift of heritage 6.45  The  protection  from  challenge  afforded  to  a  purchaser  in  good  faith  who  is  in  receipt  of  an affidavit or consent or renunciation, by section 6(3)(e) of the 1981 Act does not extend to a donee who  has  acquired  the  property  by  way  of  gift.  Nevertheless,  the  Keeper  will  insert  the  usual unqualified  statement  with  regard  to  occupancy  rights  in  the  title  sheet  if  one  of  the  documents referred to in paragraph 6.29 above is submitted to him. Grant of/power of sale in standard security 6.46  The  statement  regarding  occupancy  rights  under  the  1981  Act  entered  in  the  title  sheet  is  in respect of persons who were formerly entitled to the subjects. The Keeper gives no such assurances in respect of the interest of the current registered proprietor and consequently does not require sight of any documentary evidence for the applicant. As such, neither the granting of a standard security nor the subsequent granting of any deed of variation would necessitate the submission to the Keeper of any matrimonial homes act evidence. The only circumstances in which the Keeper would require to examine an affidavit granted in respect of a standard security or related deed is in the event of a sale by  the  creditor  under  the  power  of  sale  procedure.  The  Keeper’s  requirements  in  this  respect  will depend on whether the standard security was recorded or registered before or after 1 January 1991. Prior to the coming into force of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990²⁴ creditors could only gain protection in terms of section 8 of the 1981 Act if the documentation was produced  ‘before  the  granting  of  the  loan’.  So,  if  the  standard  security  was  recorded  or  registered before 1 January 1991, the Keeper, in addition to examining an affidavit or consent or renunciation in respect  of  the  granting  of  the  standard  security,  will  require  an  assurance  that  the  document  was produced to the creditor ‘before the granting of the loan’. The effect of the 1990 Act was to remove the stipulation. If, therefore, the standard security was recorded on or after 1 January 1991 no such assurance  will  be  required.  The  law  is  unclear  as  to  whether  a  further  advance  under  a  standard security constitutes a dealing under the 1981 Act. Until such time as it is judicially decided that section 8(2) or 8(2)(A) of the 1981 Act applies to further advances, the Keeper will not require to examine a further affidavit, consent or renunciation, in respect of such further advances, in relation to applications for registration proceeding upon powers of sale. Matrimonial home 6.47 The definition of matrimonial home found in section 22 of the 1981 Act includes ‘any garden or other  ground  attached  to  and  usually  occupied  with  or  otherwise  required  for  the  amenity  or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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