The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

Electronic Documents (Scotland) Regulations 2014

This adran has no associated Memorandwm Esboniadol

12.—(1) In regulation 1(2) (citation, commencement and interpretation) of the Electronic Documents (Scotland) Regulations 2014(1)—

(a)omit the definition “the 2002 Regulations”;

(b)for the definition “advanced electronic signature”, substitute—

“advanced electronic signature” means an advanced electronic signature within the meaning given in Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;; and

(c)for the definition “signature-creation data”, substitute—

“electronic signature creation data” has the meaning given in Article 3(13) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;.

(2) For regulation 3(b) (requirements of self-proving electronic document) of the Electronic Documents (Scotland) Regulations 2014, substitute—

(b)certified by a qualified certificate for electronic signature as defined in Article 3(15) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market..

(3) In regulation 6 (registration of electronic documents in the Land Register) of the Electronic Documents (Scotland) Regulations 2014—

(a)in sub-paragraph (b), from the words “created by” to the end, substitute—

(i)created by electronic signature creation data associated with a digital certificate supplied by the Keeper in accordance with paragraph (c); or

(ii)certified by a qualified certificate for electronic signature as defined in Article 3(15) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;; and

(b)at the beginning of sub-paragraph (c), insert “in the case of an electronic signature under paragraph (b)(i),”.

(1)

S.S.I. 2014/83, as amended by S.S.I. 2014/347; there are other amending instruments but none is relevant.