83AElectronic communication: Scotland

1

Any requirement in the provisions mentioned in subsection (3) for something to be done in writing may be met by doing that thing as described in subsection (2).

2

That is, by using a document—

a

transmitted by electronic means; and

b

capable of being reproduced in legible form.

3

Those provisions are—

a

sections 3(2), 30(1), 36Q(1) and (6), 40(1)(b), 41(1)(b), 47, 60(9), 63(4) and 65(1) of, and paragraph 2(4) of Schedule 3 to, this Act;

b

sections 17(3), 22(7)(a), 62G(5) and 81 (each as read with section 83(1)) of this Act.

4

But subsection (1) applies in relation to section 17(3), 22(7)(a), 30(1), 36Q(1) or (6) or 62G(5) only if—

a

the recipient has consented to receive electronic communication for the purpose; and

b

transmission is to an email address provided by the recipient.

5

For the purposes of sections 17(3), 22(7)(a), 30(1) and 36Q(1), a document transmitted under subsection (1) shall be taken to be received on the day after the day of its transmission.

6

The Scottish Ministers may, for the purposes of this Act, by order make further provision for the purposes of or in connection with—

a

using electronic communication (including the use of electronic signatures);

b

using documents in electronic form.

7

An order under subsection (6)—

a

may make provision by amending this Act or otherwise;

b

shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

8

In this section—

• “electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);

• “electronic signature” is to be construed in accordance with section 7(2) of that Act.