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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).
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.
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.
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
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