Coronavirus (Recovery and Reform) (Scotland) Act 2022

34 Register of Inhibitions: electronic signature of documents

(1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is modified as follows.

(2) After section 148 insert—

“148A Register of Inhibitions: electronic signature of documents

(1) This section applies in relation to a document which is required or permitted to be registered or recorded in the Register of Inhibitions.

(2) An electronic signature fulfils any requirement (however expressed) that the document be signed in order to be registered or recorded in the Register.

(3) Any requirement (however expressed) that the document be given to the Keeper in order to be registered or recorded in the Register may be fulfilled by transmitting it to the Keeper electronically.

(4) For the purposes of subsection (3), the document must be transmitted by a means (and in a form) which is specified on the Keeper’s website as being acceptable for those purposes.

(5) In this section—

• “document” includes a copy of a document,

• “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document,

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

• “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.”.