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Coronavirus (Scotland) (No.2) Act 2020

Execution of Documents, Etc.

153.Paragraph 9 of schedule 4 removes the requirement for the physical presence of certain parties in specific circumstances where an oath, affirmation or declaration is made, or where a document is executed.

154.Paragraph 9(1)(a) disapplies the requirement for a “relevant person”, as defined in sub-paragraph (2), to be in the physical presence of another person (for example a client) when that other person executes a document, takes an oath or makes an affirmation or declaration.

155.Paragraph 9(1)(b) disapplies the requirement for another person to be in the physical presence of a relevant person when that relevant person executes a document.

156.Paragraph 9(2) defines a relevant person and limits the circumstances where this Part applies to those where the requirement for physical presence referred to in paragraph 9(1) arises only by way of an enactment or the rule of law. Those circumstances can include

157.Paragraph 9(3)(a) confirms that this Part applies to the circumstances in paragraph 9(1) where the physical presence requirement is able to be fulfilled by both or either a relevant person or another type of professional, but paragraph 9(3)(b) restricts the suspension of the requirement only where a relevant person is involved. The effect of 9(3)(b) is to retain the physical presence requirement for all other circumstances where a another type of professional is involved.

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