Moveable Transactions (Scotland) Act 2023

120 Interpretation of Act

(1) In this Act (except where the context requires otherwise)—

• “court” means Court of Session or sheriff,

• “electronic document” has the meaning given by section 9A of the Requirements of Writing (Scotland) Act 1995,

• “electronic signature” has the meaning given by section 12(1) of the Requirements of Writing (Scotland) Act 1995,

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

• “prescribed” means prescribed by regulations made by the Scottish Ministers,

• “registration number” means a unique identifier consisting of numerals or of letters and numerals, and

• “traditional document” has the meaning given by section 1A of the Requirements of Writing (Scotland) Act 1995.

(2) In this Act, a reference (however expressed) to—

(a) the authentication of a document by a person is a reference to the electronic signature of that person—

(i) being incorporated into, or logically associated with, the electronic document, and

(ii) having been created by that person,

(b) the execution of a document is a reference to the document’s being subscribed as a traditional document in compliance with section 2(1) of the Requirements of Writing (Scotland) Act 1995.

(3) The Scottish Ministers may by regulations modify (either or both) paragraph (a) or paragraph (b) of subsection (2).

(4) Where, under or by virtue of a provision of this Act, however expressed, a person (“P”) is required or permitted to proceed in some way, the provision is to be construed as if any reference in it to P includes a reference to any person authorised by P to proceed in such a way on P’s behalf.