Paragraph 12 Electronic Documents (Scotland) Regulations 2014

(1)

In regulation 1(2) (citation, commencement and interpretation) of the Electronic Documents (Scotland) Regulations 2014 M1—

(a)

omit the definition “the 2002 Regulations”;

(b)

for the definition “advanced electronic signature”, substitute—

““advanced electronic signature” means an advanced electronic signature within the meaning given in Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;”; and

(c)

for the definition “signature-creation data”, substitute—

““electronic signature creation data” has the meaning given in Article 3(13) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;”.

(2)

For regulation 3(b) (requirements of self-proving electronic document) of the Electronic Documents (Scotland) Regulations 2014, substitute—

“(b)
certified by a qualified certificate for electronic signature as defined in Article 3(15) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.”.

(3)

In regulation 6 (registration of electronic documents in the Land Register) of the Electronic Documents (Scotland) Regulations 2014—

(a)

in sub-paragraph (b), from the words “created by” to the end, substitute—

“(i)
created by electronic signature creation data associated with a digital certificate supplied by the Keeper in accordance with paragraph (c); or
(ii)
certified by a qualified certificate for electronic signature as defined in Article 3(15) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market;”; and

(b)

at the beginning of sub-paragraph (c), insert “ in the case of an electronic signature under paragraph (b)(i), ”.

Annotations

Marginal citations

M1: S.S.I. 2014/83, as amended by S.S.I. 2014/347; there are other amending instruments but none is relevant.