Search Legislation

The Electronic Documents (Scotland) Regulations 2014

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Electronic Documents (Scotland) Regulations 2014 and come into force on 11th May 2014.

(2) In these Regulations—

“the 1995 Act” means the Requirements of Writing (Scotland) Act 1995;

“the 2002 Regulations” means the Electronic Signatures Regulations 2002(1);

“advanced electronic signature” means an advanced electronic signature as defined in regulation 2 of the 2002 Regulations; and

“electronic document” has the meaning given in section 9A of the 1995 Act(2).

Requirements of formally valid electronic document

2.  For an electronic document required by section 1(2) of the 1995 Act(3) to be valid the electronic signature of a granter incorporated into or logically associated with that document must be an advanced electronic signature.

Requirements of self-proving electronic document

3.  For an electronic document to be presumed authenticated by a granter under section 9C of the 1995 Act(4) the electronic signature incorporated into or logically associated with that document must be—

(a)an advanced electronic signature; and

(b)certified by a qualified certificate as defined in regulation 2 of the 2002 Regulations.

Annexations to electronic documents

4.  For an annexation to an electronic document to be regarded as incorporated in that document it must be—

(a)referred to in the document;

(b)identified on its face as being the annexation referred to in the document; and

(c)annexed to the document before the electronic signature under regulation 2 is incorporated into or logically associated with the document and the annexation.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th March 2014

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources