Explanatory Notes

Coronavirus (Recovery and Reform) (Scotland) Act 2022

2022 asp 8

10 August 2022

The Act: Overview

Part 3: Public Service Reform

Requirements of writing

Section 39: Disapplication of physical presence requirements

145.This section enables lawyers to carry out certain formal processes remotely. Specifically, it removes any legal requirement for a lawyer to be physically present in order to witness someone signing a document or to take someone’s oath or to receive their affirmation or declaration and it removes any legal requirement for a lawyer who is signing a document to do so in the physical presence of another person.