Part 8

Electronic conveyancing

Electronic dispositions: formalities
91
1
This section applies to a document in electronic form where—
a
the document purports to effect a disposition which falls within subsection (2), and
b
the conditions in subsection (3) are met.
2
A disposition falls within this subsection if it is—
a
a disposition of a registered estate or charge,
b
a disposition of an interest which is the subject of a notice in the register, or
c
a disposition which triggers the requirement of registration,
which is of a kind specified by rules.
3
The conditions referred to above are that—
a
the document makes provision for the time and date when it takes effect,
b
the document has the electronic signature of each person by whom it purports to be authenticated,
c
each electronic signature is certified, and
d
such other conditions as rules may provide are met.
4
A document to which this section applies is to be regarded as—
a
in writing, and
b
signed by each individual, and sealed by each corporation, whose electronic signature it has.
5
A document to which this section applies is to be regarded for the purposes of any enactment as a deed.
6
If a document to which this section applies is authenticated by a person as agent, it is to be regarded for the purposes of any enactment as authenticated by him under the written authority of his principal.
7
If notice of an assignment made by means of a document to which this section applies is given in electronic form in accordance with rules, it is to be regarded for the purposes of any enactment as given in writing.
8
The right conferred by section 75 of the Law of Property Act 1925 (c. 20) (purchaser’s right to have the execution of a conveyance attested) does not apply to a document to which this section applies.
9
If subsection (4) of section 36A of the Companies Act 1985 (c. 6) (execution of documents) applies to a document because of subsection (4) above, subsection (6) of that section (presumption of due execution) shall have effect in relation to the document with the substitution of “authenticated” for “signed”.
10
In this section, references to an electronic signature and to the certification of such a signature are to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7).