Article 141 Electronic applications, notices and signaturesI1

England and Wales

(1)

The requirement in this Order that any application, notice, certificate, representation or objection must be in writing is satisfied where, apart from the usual meaning of that expression, the text of it is—

(a)

transmitted by electronic means,

(b)

received in legible form, and

(c)

capable of being used for future reference.

(2)

The requirement in this Order for an application, notice, certificate, representation or objection to be signed is satisfied, as an alternative to a 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.

(3)

For the purposes of this Order, an electronic signature includes anything in electronic form that 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.

(4)

An electronic signature made in accordance with paragraphs (2) and (3) 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.

Annotations

Commencement

I1: Art. 141 in force at 18.7.2025, see art. 1(2)