The Automated Registration of Title to Land (Electronic Communications) (Scotland) Order 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/491 |
| Year | 2006 |
2006 No. 491
LAND REGISTRATION
The Automated Registration of Title to Land (Electronic Communications) (Scotland) Order 2006
Made 4th October 2006
Coming into force in accordance with article 1
The Scottish Ministers, considering in accordance with section 8(3) of the Electronic Communications Act 20001that authorisation made by this Order for the use of electronic communications and electronic storage is such that the extent to which records will be available will be no less satisfactory in cases where use is made of electronic communications and electronic storage than in other cases, in exercise of the powers conferred by sections 8 and 9(5) and (6) of that Act and all other powers enabling them in that behalf, and with the consent of the Secretary of State in accordance with section 9(7)(c) of that Act, hereby make the following Order, a draft of which has been laid before and approved by resolution of the Scottish Parliament:
Citation, commencement and extent
1.—(1) This Order may be cited as the Automated Registration of Title to Land (Electronic Communications) (Scotland) Order 2006 and shall come into force on the day after the day on which it is made.
(2) This Order extends to Scotland only.
Amendment of the Requirements of Writing (Scotland) Act 1995
2. The Requirements of Writing (Scotland) Act 19952is amended in accordance with article 3.
3.—(1) In section 1(2) (writing required for certain contracts, obligations, trusts, conveyances and wills), for “subsection (3)” substitute, “subsections (2A) and (3)”.
(2) After section 1(2) insert–
“2A An electronic document complying with section 2A shall be valid for–
(a) the constitution of a contract or unilateral obligation for the creation, transfer, variation or extinction of a real right in land;
(b) the constitution of a gratuitous unilateral obligation; and
(c) the creation, transfer, variation or extinction of a real right in land.
2B In this section, “electronic document” means a document created as an electronic communication within the ARTL system.”.
(3) In section 1 (writing required for certain contracts, obligations, trusts, conveyances and wills)–
(a)
(a) in subsection (3), after “section 2”, insert “or, as the case may be, an electronic document complying with section 2A,”;
(b)
(b) in subsections (3) and (5) for “subsection (2)(a)”, substitute “subsections (2)(a) or (2A)”.
(4) After section 2 (type of writing required for formal validity of certain documents) insert–
“Formalities of execution of electronic documents
2A.—(1) An electronic document shall be valid in respect of the formalities of execution if that document has been authenticated by the granter, or if there is more than one granter by each granter, in accordance with subsection (2).
(2) An electronic document is authenticated by a person if the digital signature of that person–
(a)
(a) is incorporated into or logically associated with the electronic document;
(b)
(b) was created by the person by whom it purports to have been created;
(c)
(c) was created in accordance with such requirements as may be set out in directions made by the Keeper of the Registers of Scotland; and
(d)
(d) is certified in accordance with–
(i) subsection (3); and
(ii) such requirements as may be set out in directions made by the Keeper of the Registers of Scotland.
(3) For the purpose of this section a digital signature incorporated into or logically associated with an electronic document is certified by any person if that person (whether before or after the creation of the electronic document) has made a statement confirming that–
(a)
(a) the signature;
(b)
(b) a means of producing, communicating or verifying the signature; or
(c)
(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 document, the integrity of the document or both.
Directions by the Keeper of the Registers of Scotland
2B. A direction made by the Keeper of the Registers of Scotland under section 2A–
(a) shall be published in such manner as the Keeper considers appropriate for the purpose of bringing it to the attention of the persons affected by it;
(b) may make different provision for different purposes;
(c) may include incidental, supplementary, saving and transitional provisions; and
(d) may be varied or revoked by a subsequent direction.
Authentication of an electronic document by a person granting in more than one capacity
2C. Where a person grants an electronic document in more than one capacity authentication of that document by that person in accordance with this Act shall be sufficient to bind that person in all such capacities.”.
(5) After section 3 (presumption as to the granter’s subscription or date or place of subscription) insert–
“Presumption as to the authentication of electronic documents
3A. Where an electronic document bears to have been authenticated by the granter and nothing in the document or in the authentication indicates that it was not so authenticated the document shall be presumed to have been authenticated by the granter.”.
(6) In section 5 (alteration to documents: formal validity and presumptions) at the end insert–
“9 This section shall have no application as regards an electronic document.”.
(7) In section 12 (interpretation)–
(a)
(a) in subsection (1)–
(i) after the definition of “annexation” insert–
““ARTL System” means the computer system managed and controlled by the Keeper of the Registers of Scotland to enable creation of electronic documents and the electronic generation and communication of an application for registration of a dealing affecting an interest in land registered in the Land Register of Scotland and automated registration in respect of that interest;”;
(ii) after the definition of “company” insert–
““dealing” means a transaction or event capable of affecting the title to an interest in land registered in the Land Register of Scotland;”;
(iii) after the definition of “decree” insert–
““digital signature” means data in electronic form which serves as a method of authentication and which is–
(i) uniquely linked to the signatory;
(ii) capable of identifying the signatory;
(iii) created using a signature-creation device that the signatory can maintain under the...
To continue reading
Request your trial