CHAPTER IIITRUST SERVICES
F1SECTION 9Recognition of overseas trust services
Article 45ALegal effects of overseas electronic signatures etc
1.
The Secretary of State may by regulations provide that, for the purposes of Articles 25(2), 35(2), 41(2) and 43(2), an overseas trust product of a specified description is to be treated as qualified.
2.
In this Article—
“overseas”, in relation to a trust product, means provided by a person established in a country or territory outside the United Kingdom;
“specified” means specified by regulations under this Article;
“trust product” means an electronic signature, an electronic seal, an electronic time stamp or an electronic registered delivery service.
3.
The Secretary of State may not make regulations under this Article specifying a description of overseas trust product unless satisfied that the reliability of such a product is at least equivalent to the reliability of a comparable trust product that is qualified.
4.
When making regulations under this Article in relation to a description of overseas trust product, the Secretary of State must have regard to (among other things) the law in the other country or territory relevant to that description of product and related trust services.