# Requirements of Writing (Scotland) Act 1995, Section 10A: Disapplication 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”.

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Source: https://www.legislation.gov.uk/ukpga/1995/7/section/10A (the official version)
Page: https://openlegislation.uk/requirements-of-writing-scotland-act-1995/section-10A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.