Section 104: Electronic communications
510.Section 104 applies where regulations under SSAA 1992 or SSA 1998 require or authorise the use of electronic communications. Examples could be regulations which make provision about the manner in which a claim for benefit must be made or relevant information or evidence must be provided. Section 189(5) of SSAA 1992 and section 79(6) of SSA 1998 ensure that regulations made under those Acts may include incidental and supplementary provision.
511.This section makes it clear that these powers include, in the case of regulations to which this section applies, provision of a kind set out in sections 8(4), (5) and 9(5) of the Electronic Communications Act 2000. These cover, for example, provision as to:
the form which electronic communications must take;
the conditions under which electronic communications are allowed the use of intermediaries in the transmission or authentication of electronic communications; and
the method of determining (and proving in legal proceedings) whether, when, where, and by whom an electronic communication was made.
512.The section also enables conditions or requirements concerning the use of electronic communications to be framed with reference to directions given by the Secretary of State.
