Requirements of Writing (Scotland) Act 1995

[F1 2A Formalities of execution of electronic documents S

(1) An electronic document shall be valid in respect of the formalities of execution if that document has been authenticated by the granter, or if there is more than one granter by each granter, in accordance with subsection (2).

(2) An electronic document is authenticated by a person if the digital signature of that person–

(a) is incorporated into or logically associated with the electronic document;

(b) was created by the person by whom it purports to have been created;

(c) was created in accordance with such requirements as may be set out in directions made by the Keeper of the Registers of Scotland; and

(d) is certified in accordance with–

(i) subsection (3); and

(ii) such requirements as may be set out in directions made by the Keeper of the Registers of Scotland.

(3) For the purpose of this section a digital signature incorporated into or logically associated with an electronic document is certified by any person if that person (whether before or after the creation of the electronic document) has made a statement confirming that–

(a) the signature;

(b) a means of producing, communicating or verifying the signature; or

(c) a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the document, the integrity of the document or both.]

Textual Amendments

F1 Ss. 2A-2C inserted (5.10.2006) by The Automated Registration of Title to Land (Electronic Communications) (Scotland) Order 2006 (S.S.I. 2006/491), art. 3(4)