Part 3Miscellaneous and General

General

I1120Interpretation of Act

1

In this Act (except where the context requires otherwise)—

  • “court” means Court of Session or sheriff,

  • “electronic document” has the meaning given by section 9A of the Requirements of Writing (Scotland) Act 1995,

  • “electronic signature” has the meaning given by section 12(1) of the Requirements of Writing (Scotland) Act 1995,

  • “the Keeper” means the Keeper of the Registers of Scotland,

  • “prescribed” means prescribed by regulations made by the Scottish Ministers,

  • “registration number” means a unique identifier consisting of numerals or of letters and numerals, and

  • “traditional document” has the meaning given by section 1A of the Requirements of Writing (Scotland) Act 1995.

2

In this Act, a reference (however expressed) to—

a

the authentication of a document by a person is a reference to the electronic signature of that person—

i

being incorporated into, or logically associated with, the electronic document, and

ii

having been created by that person,

b

the execution of a document is a reference to the document’s being subscribed as a traditional document in compliance with section 2(1) of the Requirements of Writing (Scotland) Act 1995.

3

The Scottish Ministers may by regulations modify (either or both) paragraph (a) or paragraph (b) of subsection (2).

4

Where, under or by virtue of a provision of this Act, however expressed, a person (“P”) is required or permitted to proceed in some way, the provision is to be construed as if any reference in it to P includes a reference to any person authorised by P to proceed in such a way on P’s behalf.