# Land Registration (Electronic Communications) Order (Northern Ireland) 2011, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Land Registration Act (Northern Ireland) 1970 (“the Act”) to permit electronic documents created within the Land Registry’s computer system, and authenticated by means of digital signature, to be valid for the creation, transfer, variation or extinction of estates and interests in land and to introduce conditions upon which electronic applications for registration may be made. These changes are intended to enable the electronic registration in the Land Registry of Northern Ireland of transactions affecting land.
Article 2(2) adds new subsections (3), (4) and (5) to section 32 of the Act. Subsection (3) provides that certain applications for first registration or registration of a dealing with registered land may be made electronically. Subsection (4) defines an authorised dealing. Subsection (5) makes provision about the procedure for giving directions as to which dealings will be authorised dealings.
Article 2(3) inserts a new section 32A into the Act. This provides that where any statutory provision requires a transaction relating to an estate or interest in land to be effected by deed or instrument in writing, the dealing may be effected in accordance with the provisions of a new Schedule 1A.
Article 2(4) inserts a definition of “electronic communication” into section 94 of the Act.
Article 2(5) inserts a new Schedule 1A into the Act as set out in the Schedule to the Order.
Article 2(6) amends Schedule 2 Part 2 by removing the need for a physical endorsement of an order extending the period for an application for compulsory first registration.
The Schedule sets out the provisions of Schedule 1A.
Paragraph 1 of Schedule 1A provides for definitions.
Paragraphs 2 and 3 of Schedule 1A provide that an electronic document is to be valid in respect of the formalities of execution if it is authenticated. To be authenticated the digital signature of each person by whom the document purports to be authenticated must be incorporated into or logically associated with the document, be created by the signatory in accordance with such conditions as the Registrar may direct and be certified in accordance with paragraph 3.
Paragraph 3 stipulates that a digital signature is to be certified by a statement confirming that the signature, the means used to create, communicate or verify the signature or the procedure applied to the signature are a valid means of establishing the authenticity or integrity of the document.
Paragraph 4 of Schedule 1A provides that electronic documents which are valid in respect of the formalities of execution are to have the same effect as written documents for purposes of other statutory provisions. It also provides that a person who is party to an electronic document in more than one capacity need only authenticate it once to bind all capacities.
Paragraph 5 of Schedule 1A provides that the Registrar shall be entitled to assume that the authentication of an electronic document has been done by the person by whom it purports to be done. The result is that electronic documents which are authenticated will have “self-proving status”.

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Source: https://www.legislation.gov.uk/nisr/2011/158/note (the official version)
Page: https://openlegislation.uk/land-registration-electronic-communications-order-northern-ireland-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.