F1Part 4F3General provisions
Pt. 4 title inserted (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5) , ss. 122 , 123 , Sch. 3 para. 22 (with s. 121 , Sch. 4 paras. 13 , 16 ); S.S.I. 2014/41 , art. 2(1)(b)(2) , Sch. Pt. 2 (with arts. 3 , 4 )
10AF2Disapplication 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,
- a
“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”.
Ss. 10-15 renumbered as Pt. 4 (11.5.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5) , ss. 122 , 123 , Sch. 3 para. 21 (with s. 121 , Sch. 4 paras. 13 , 16 ); S.S.I. 2014/41 , art. 2(1)(b)(2) , Sch. Pt. 2 (with arts. 3 , 4 )