Electronic signatures and transmission of documents
97.Paragraph 1(1) of schedule 4 makes provision that an electronic signature fulfils any requirement (however expressed and for whatever purpose) that a document mentioned in subparagraph (4), or a deletion or correction of it, be signed, initialled or signetted.
98.Paragraph 1(2) makes provision that any requirement (however expressed) that a document of a type mentioned in subparagraph (4) be given to a person, may be fulfilled by (a) transmitting it to the person electronically, or (b) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
99.By virtue of paragraph 1(4), subparagraphs (1) and (2) apply to orders, warrants, sentences, citations, minutes or any other document produced by a court or tribunal, including any extracts of them. These subparagraphs also apply to any document which is required by law be given to a person in connection with any civil or criminal proceedings before a court or tribunal; which is to include documents required to initiate proceedings.
100.Paragraph 1(3) sets out certain requirements associated with the electronic transmission of documents, specifying that the transmission must be effected in a manner that the recipient has indicated (either specifically or generally) that they are willing to receive the document. The subparagraph further provides that in certain specified circumstances willingness is capable of being inferred.
101.Paragraph 1(3)(c) specifies that electronic transmission can be made by means of upload to and download from an electronic storage system.
102.Paragraph 1(5) confers a power on the Lord President or the Lord Justice General to direct that the effects of subparagraphs (1) and (2) do not apply to a specified type of document, either in relation to some or all proceedings (see subparagraph (6)). Paragraph 5(a) requires that any such direction be made public.
103.Paragraph 1(7) sets out the interpretation applicable to terms used in this paragraph.
