Coronavirus (Scotland) (No.2) Act 2020

PART 3 Registers kept by the Keeper of the Registers of Scotland

Register of Inhibitions

3 (1) This paragraph applies in relation to a document which is required or permitted to be registered or recorded in the Register of Inhibitions (“the register”), other than a document of a type mentioned in paragraph 1(4) of schedule 4 of the Coronavirus (Scotland) Act 2020.

(2) An electronic signature fulfils any requirement (however expressed) that the document be signed in order to be registered or recorded in the register.

(3) Any requirement (however expressed) that the document be given to the Keeper in order to be registered or recorded in the register may be fulfilled by transmitting it to the Keeper electronically.

(4) For the purposes of sub-paragraph (3), the document must be transmitted by a means (and in a form) which is specified on the Keeper’s website as being acceptable for those purposes.

(5) In this paragraph—

• “document” includes a copy of a document,

• “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000 (electronic signatures and related certificates), but includes a version of an electronic signature which is reproduced on a paper document,

• “the Keeper” means the Keeper of the Registers of Scotland,

• “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland with the domain name ros.gov.uk.

Register of judgments

4 (1) The Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443) applies in accordance with the modification in this paragraph.

(2) Chapter 62 of schedule 2 (recognition, registration and enforcement of foreign judgments, etc.) has effect as if after rule 62.101 there were inserted—

“PART XV Electronic signing and transmission of certain documents

Electronic signing and transmission of certain documents

62.102 (1) This rule applies in relation to a document which is to be given to, or issued by, the Keeper of the Registers under this Chapter, other than a document of a type mentioned in paragraph 1(4) of schedule 4 of the Coronavirus (Scotland) Act 2020.

(2) An electronic signature fulfils any requirement (however expressed) that the document be signed.

(3) The document may be—

(a) given to the Keeper by transmitting it to the Keeper electronically,

(b) issued to a person by the Keeper by—

(i) transmitting it to the person electronically, or

(ii) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person's behalf in relation to the document.

(4) For the purposes of paragraph (3)(a), the document may be transmitted by a means (and in a form) which is specified on the Keeper’s website as being acceptable for those purposes.

(5) For the purposes of paragraph (3)(b)—

(a) electronic transmission of a document by the Keeper to another person (“the recipient”) must be effected in a way that the recipient has indicated to the Keeper that the recipient is willing to receive the document,

(b) the recipient’s indication of willingness to receive a document in a particular way may be—

(i) specific to the document in question or generally applicable to documents of that kind,

(ii) expressed specifically to the Keeper or generally (for example on a website),

(iii) inferred from the recipient having previously been willing to receive documents from the Keeper in that way and not having indicated unwillingness to do so again,

(c) the Keeper’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the Keeper to the recipient.

(6) In this rule—

• “document” includes a copy of a document,

• “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000 (electronic signatures and related certificates), but includes a version of an electronic signature which is reproduced on a paper document,

• “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland with the domain name ros.gov.uk.”.