Section 15 – Electronic communication
91.Section 15 widens certain provisions in the 1981 Act, that are specified in subsection (3), so that a requirement for something to be done in writing may be met by using a document that is transmitted by electronic means and capable of being reproduced in legible form. However, in relation to the provisions specified in subsection (4), electronic communications are only permissible if the recipient has consented to receive the electronic communication for the relevant purpose, and an email address is provided by the recipient. Subsection (5) provides that, in respect of certain sections of the 1981 Act, a document sent electronically is taken only to be received on the day after the day of its transmission. Subsection (6) provides that Scottish Ministers may, for the purposes of the 1981 Act, by order make further provision for using electronic communication, including the use of electronic signatures, and for using documents in electronic form. Such an order is subject to negative resolution of the Scottish Parliament.
