Commentary on Sections General Section 120 – Interpretation of Act
488.This is the main interpretation provision in the Act. However, sections 41 and 113 provide for the interpretation of terms used only in Part 1 or Part 2 respectively. See also section 116 of the Act which provides for the effect of a reference in the Act to a requirement for any person to be in good faith.
489.In addition, it should be noted that some terms, such as “document”, “writing” and “person”, will be construed in accordance with schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 unless the context requires otherwise. In particular, it should be noted that the term “writing” will include emailed documents.
490.The meaning of “execution” of a document refers to the Requirements of Writing (Scotland) Act 1995. But it is also possible for the Scottish Ministers to make alternative provision in relation to both this and “authentication” (see subsection (3)).