Requirements of Writing (Scotland) Act 1995

12 Interpretation

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

• “alteration” includes interlineation, marginal addition, deletion, substitution, erasure or anything written on erasure;

• “annexation” includes any inventory, appendix, schedule, other writing, plan, drawing, photograph or other representation annexed to a document;

• “authorised” means expressly or impliedly authorised and any reference to a person authorised to sign includes a reference to a person authorised to sign generally or in relation to a particular document;

• “company” has the same meaning as in section 735(1) of the [1985 c. 6.] Companies Act 1985;

• “decree” includes a judgment or order, or an official certified copy, abbreviate or extract of a decree;

• “director” includes any person occupying the position of director, by whatever name he is called;

• “document” includes any annexation which is incorporated in it under section 8 of this Act and any reference, however expressed, to the signing of a document includes a reference to the signing of an annexation;

• “enactment” includes an enactment contained in a statutory instrument;

• “governing board”, in relation to a body corporate to which paragraph 5 of Schedule 2 to this Act applies, means any governing body, however described;

• “local authority” means a local authority within the meaning of section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973 and a council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994;

• “Minister” has the same meaning as “Minister of the Crown” has in section 8 of the [1975 c. 26.] Ministers of the Crown Act 1975;

• “office-holder” does not include a Minister but, subject to that, means—

  (a)

  the holder of an office created or continued in existence by a public general Act of Parliament;

  (b)

  the holder of an office the remuneration in respect of which is paid out of money provided by Parliament; and

  (c)

  the registrar of companies within the meaning of the [1985 c. 6.] Companies Act 1985;

• “officer”—

  (a)

  in relation to a Minister, means any person in the civil service of the Crown who is serving in his Department;

  (b)

  in relation an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;

• “proper officer”, in relation to a local authority, has the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973; and

• “secretary” means, if there are two or more joint secretaries, any one of them.

(2) Any reference in this Act to subscription or signing by a granter of a document or an alteration made to a document, in a case where a person is subscribing or signing under a power of attorney on behalf of the granter, shall be construed as a reference to subscription or signing by that person of the document or alteration.