Part 4General provisions

F110ADisapplication 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”.