Search Legislation

Coronavirus (Recovery and Reform) (Scotland) Act 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 39

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Coronavirus (Recovery and Reform) (Scotland) Act 2022, Section 39. Help about Changes to Legislation

39Disapplication of physical presence requirements S

This section has no associated Explanatory Notes

(1)The Requirements of Writing (Scotland) Act 1995 is modified as follows.

(2)In section 9(6) (subscription on behalf of blind granter or granter unable to write), after “this Act” insert “(other than section 10A)”.

(3)After section 10 insert—

10ADisapplication of physical presence requirements

(1)The following requirements (however expressed) do not apply—

(a)a requirement for a relevant person to be physically in the same place as another person when that person—

(i)signs or subscribes a document or an alteration of a document,

(ii)takes an oath, or

(iii)makes an affirmation or declaration,

(b)a requirement for another person to be physically in the same place as a relevant person when the relevant person signs or subscribes a document or an alteration of a document.

(2)In this section—

  • relevant person” means—

    (a)

    a solicitor,

    (b)

    an advocate,

    (c)

    a notary public,

  • requirement” means a requirement arising from an enactment or rule of law.

(3)For the avoidance of doubt—

(a)the requirements described by subsection (1)(a) include a requirement that may be fulfilled by the physical presence of a professional of a type not mentioned in the definition of “relevant person” as well as by a professional of a type that is (for example, it includes a requirement for the physical presence of a solicitor or a registered medical practitioner), but

(b)subsection (1) only causes such a requirement not to apply in relation to a professional of a type that is mentioned in the definition of “relevant person..

Commencement Information

I1S. 39 in force at 1.10.2022, see s. 59(1)

Back to top

Options/Help