2(1)Any requirement (however expressed) that a document of a type mentioned in paragraph 3(1) be given to a person may be fulfilled by—S
(a)transmitting it to the person electronically, or
(b)transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
(2)For the purposes of this paragraph—
(a)electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,
(b)the recipient’s indication of willingness to receive a document in a particular way may be—
(i)specific to the document in question or generally applicable to documents of that kind,
(ii)expressed specifically to the sender or generally (for example on a website),
(iii)inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,
(c)the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient.
(3)In this paragraph, references to giving a person a document include—
(a)serving a document on a person,
(b)sending a document to a person, and
(c)lodging a document with, or otherwise apply to or petitioning, a court or tribunal.
Modifications etc. (not altering text)
C1Sch. para. 2 continued until 30.11.2024 (30.11.2023) by virtue of The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), regs. 1(3), 3(2)
Commencement Information
I1Sch. para. 2 in force at 1.10.2022, see s. 59(1)