Section 10A Disapplication of physical presence requirementsF1

(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—
1. (a)
  a solicitor,
2. (b)
  an advocate,
3. (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”.

Annotations

Textual amendments

F1: S. 10A inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 39(3), 59(1)

Notes on Part 4

Textual amendments

F1: 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 )
F2: 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 )