Requirements of Writing (Scotland) Act 1995

[F110ADisapplication of physical presence requirementsS

(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”.]

Textual Amendments