Part 3

Electronic documents

Presumption as to authentication of electronic documents
9C
1
Where—
a
an electronic document bears to have been authenticated by the granter,
b
nothing in the document or in the authentication indicates that it was not so authenticated, and
c
the conditions set out in subsection (2) are satisfied,
the document is to be presumed to have been authenticated by the granter.
2
The conditions are that the electronic signature incorporated into, or logically associated with, the document—
a
is of such type and satisfies such requirements as may be prescribed by the Scottish Ministers in regulations, and
b
(either or both)—
i
is used in such circumstances as may be so prescribed,
ii
bears to be certified,
and that if the electronic signature bears to be certified (and does not conform with paragraph (b)(i)) the certification is of such type and satisfies such requirements as may be so prescribed.
3
Regulations under subsection (2) are subject to the negative procedure.
Pt. 3 inserted (22.3.2014 for specified purposes, 11.5.2014 for specified purposes, 1.4.2022 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 97(2), 122, 123 (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(a)(b)(2), sch. Pts. 1, 2 (with arts. 3, 4); S.S.I. 2021/472, art. 2