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Regulation 6 Electronic signatures and related certificatesI1C1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A requirement in these Regulations for an F1application, notice or representation to be signed is satisfied (as an alternative to the signature given by hand) where there is–

(a)

an electronic signature incorporated into or logically associated with a particular electronic communication, and

(b)

the certification by any person of such a signature.

(2)

For the purposes of this regulation an electronic signature is so much of anything in electronic form as–

(a)

is incorporated into or otherwise logically associated with any electronic communication or both; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(3)

For the purposes of this regulation an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that–

(a)

the signature,

(b)

a means of producing, communicating or verifying the signature, or

(c)

a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

F2(4)

 This regulation does not apply in relation to a relevant absent voting application, for which the general requirements are set out in regulation 51.

Annotations

Textual amendments

F1

Words in reg. 6(1) substituted (10.6.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(5)(b), 6

F2

Reg. 6(4) inserted (31.10.2023) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 (S.I. 2023/1147), regs. 1(2), 8(4)

Modifications

C1

Reg. 6 applied (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 2(c)

Commencement

I1

Reg. 6 in force at 16.2.2001, see reg. 1(1)