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This is the original version (as it was originally enacted).
9(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,
(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.
(2)In this paragraph—
“relevant person” means—
a solicitor,
an advocate,
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 sub-paragraph (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)sub-paragraph (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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Text created by the Scottish Government 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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