Virtual execution under Scots law
Produced in partnership with Pamela Todd, Harper Macleod LLP
Virtual execution under Scots law

The following Commercial guidance note Produced in partnership with Pamela Todd, Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Virtual execution under Scots law
  • Electronic documents permitted under Scots law
  • Electronic documents as distinct from electronic copies of traditional documents
  • Valid electronic execution and the advanced electronic signature
  • Self-proving electronic execution
  • AES and Scottish solicitors
  • Application, appearance and reading of an electronic execution
  • Delivery required for an electronic document to be effective
  • Electronic document is best evidence
  • ARTL—electronic conveyancing system
  • more

The rules regarding Scottish electronic documents and their execution are contained in:

  1. The Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995)

  2. Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS)

  3. The Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012)

  4. The Electronic Documents (Scotland) Regulations 2014, SSI 2014/83 (SSI 2014/83)

  5. The Land Registration etc (Scotland) Act 2012 (Commencement No.2 and Transitional Provisions) Order 2014, No. 41 (C. 4) (2014 Order)

  6. The Land Register of Scotland (Automated Registration) etc Regulations 2014, and

  7. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015)

Electronic documents permitted under Scots law

Any document that is required to be in writing under Scots Law can be an electronic document except for wills and other testamentary writings.

The law is in place to permit electronic wills and other testamentary writings but it has not yet been brought into force.

Although electronic wills and other testamentary writings are the only exception in law, in practice there is another—being documents transferring or creating title to property to be registered in the Land Register, the Books of Council and Session and the Register of Sasines eg dispositions or leases.

Documents that are to be registered in the Land Register must be PDFs created using the digital registration system. Currently, no such