Formalities of execution of electronic documentsN.I.
[F13(1)An electronic document shall be valid in respect of the formalities of execution if that document has been authenticated by the person executing the document, or if there is more than one such person by each person, in accordance with sub-paragraph (2).
(2)An electronic document is authenticated if the digital signature of each person by whom the document purports to be authenticated—
(a)is incorporated into or logically associated with the electronic document;
(b)was created by the signatory by whom it purports to have been created;
(c)was created in accordance with such conditions as may be set out in directions given by the Registrar; and
(d)is certified in accordance with the provisions in sub-paragraph (4) and such conditions as may be set out in directions given by the Registrar.
(3)A direction given by the Registrar under sub-paragraph (2)—
(a)shall be made after consultation with the Law Society of Northern Ireland;
(b)shall be published in such manner as the Registrar deems appropriate for the purpose of bringing it to the attention of the persons affected by it;
(c)may include incidental, supplementary, saving and transitional provisions; and
(d)may be varied or revoked by a subsequent direction.
(4)For the purpose of this Schedule a digital signature incorporated into or associated with an electronic document is certified by any person if that person (whether at the time of 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.]