Coronavirus (Scotland) (No.2) Act 2020

Electronic service of documents

8 (1) The Interpretation and Legislative Reform (Scotland) Act 2010, in so far as it applies where the service of a document is authorised or required by or under the Bankruptcy (Scotland) Act 2016, applies in accordance with the modifications in this paragraph.

(2) Section 26 (service of documents) has effect as if—

(a) in subsection (2), for paragraph (c) there were substituted—

“(c) by being transmitted to the person electronically.”,

(b) subsection (3) were repealed,

(c) for subsection (6) there were substituted—

“(6) For the purposes of subsection (2)(c)—

(a) electronic transmission of a document must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,

(b) the recipient’s indication of willingness to receive a document in a particular way may be—

(i) specific to the document in question or generally applicable to documents of that kind,

(ii) expressed specifically to the sender or generally (for example on a website),

(iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,

(c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document.”.