Regulation 5 Authentication of electronic documents: special casesF1C1
Any reference in the 1995 Act or these Regulations to authentication by a granter of an electronic document, in a case where the granter is a person to whom any of paragraphs (2) to (7) applies, is to be construed as a reference to authentication by a person in accordance with that paragraph, unless the context otherwise requires.
Where the granter is a partnership, an electronic signature on behalf of the partnership must be applied by—
a partner; or
a person authorised to sign by the partnership.
Where the granter is a limited liability partnership, an electronic signature on behalf of the limited liability partnership must be applied by a member of the limited liability partnership.
Where the granter is a company, an electronic signature on behalf of the company must be applied by—
a director of the company;
a secretary of the company; or
a person authorised to sign by the company.
Where the granter is a local authority, an electronic signature on behalf of the local authority must be applied by a proper officer of the authority.
Where the granter is a body corporate other than a company or a local authority, the electronic signature on behalf of the body corporate must be applied by—
a member of the body’s governing board;
a member of the body;
a secretary of the body; or
a person authorised to sign by the body.
Where the granter is a Minister or office holder, the electronic signature by or on behalf of the Minister or office holder must be applied by—
the Minister or office holder;
where permitted by an enactment that a document may be signed by an officer of the Minister or by any other Minister, the officer or other Minister;
where permitted by an enactment that a document may be signed by an officer of the office holder, the officer; or
a person authorised to sign by the Minister or office holder.
Annotations
Textual amendments
- F1
Regs. 5-7 inserted (8.12.2014) by The Land Register of Scotland (Automated Registration) etc. Regulations 2014 (S.S.I. 2014/347), regs. 1(1), 9(3)
- F2
Reg. 5(1) substituted (1.4.2022) by The Registers of Scotland (Digital Registration, etc.) Regulations 2022 (S.S.I. 2022/65), regs. 1(2), 5
Modifications
- C1
Reg. 5 applied (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 1 Pt. 3 (with art. 4(4)(5))