Part 3SPublic service reform

Requirements of writingS

39Disapplication of physical presence requirements S

(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.”.