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- Original (As enacted)
This is the original version (as it was originally enacted).
After section 83 of the 1981 Act there is inserted—
(1)Any requirement in the provisions mentioned in subsection (3) for something to be done in writing may be met by doing that thing as described in subsection (2).
(2)That is, by using a document—
(a)transmitted by electronic means; and
(b)capable of being reproduced in legible form.
(3)Those provisions are—
(a)sections 3(2), 30(1), 36Q(1) and (6), 40(1)(b), 41(1)(b), 47, 60(9), 63(4) and 65(1) of, and paragraph 2(4) of Schedule 3 to, this Act;
(b)sections 17(3), 22(7)(a), 62G(5) and 81 (each as read with section 83(1)) of this Act.
(4)But subsection (1) applies in relation to section 17(3), 22(7)(a), 30(1), 36Q(1) or (6) or 62G(5) only if—
(a)the recipient has consented to receive electronic communication for the purpose; and
(b)transmission is to an email address provided by the recipient.
(5)For the purposes of sections 17(3), 22(7)(a), 30(1) and 36Q(1), a document transmitted under subsection (1) shall be taken to be received on the day after the day of its transmission.
(6)The Scottish Ministers may, for the purposes of this Act, by order make further provision for the purposes of or in connection with—
(a)using electronic communication (including the use of electronic signatures);
(b)using documents in electronic form.
(7)An order under subsection (6)—
(a)may make provision by amending this Act or otherwise;
(b)shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8)In this section—
“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);
“electronic signature” is to be construed in accordance with section 7(2) of that Act.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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