Coronavirus (Scotland) Act 2020

Electronic signatures and transmission of documents

1 (1) An electronic signature fulfils any requirement (however expressed and for whatever purpose) that—

(a) a document of a type mentioned in sub-paragraph (4), or

(b) a deletion or correction to such a document,

be signed, initialled or signetted.

(2) Any requirement (however expressed) that a document of a type mentioned in sub-paragraph (4) be given to a person may be fulfilled by—

(a) transmitting it to the person electronically, or

(b) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.

(3) For the purposes of sub-paragraph (2)—

(a) electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender 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 sender or generally (for example on a website),

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

(c) the sender’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 sender to the recipient.

(4) The types of document referred to in sub-paragraphs (1) and (2) are (subject to sub-paragraph (5))—

(a) an order, warrant, sentence, citation, minute or any other document produced by a court or tribunal,

(b) an extract of any document referred to in paragraph (a),

(c) any document that an enactment requires be given to a person in connection with, or in order to initiate, proceedings.

(5) A type of document mentioned in sub-paragraph (4) is not to be regarded as being mentioned in that sub-paragraph, for the purposes of sub-paragraph (1) or (2) (or both), if—

(a) the Lord President of the Court of Session, or

(b) the Lord Justice General,

directs that it is not.

(6) A direction under sub-paragraph (5) may relate to some or all proceedings.

(7) In this paragraph—

(a) “court” includes any office holder of a court,

(b) “document” includes a copy of a document,

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

(d) references to giving a person a document include—

(i) serving a document on a person,

(ii) sending a document to a person, and

(iii) lodging a document with, or otherwise applying to or petitioning, a court or tribunal,

(e) “tribunal” includes any office holder of a tribunal.