The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/696
Year2016
  • These Regulations may be cited as the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 and come into force on 22nd July 2016.
  • (1) In these Regulations—(2) Other expressions used in these Regulations, which are used in the eIDAS Regulation, have the same meaning as in the eIDAS Regulation.(1) The Information Commissioner is the supervisory body and must carry out the supervisory body tasks set out in Article 17 of the eIDAS Regulation.(2) The supervisory body must enforce these Regulations and Chapter III of the eIDAS Regulation.(3) Schedules 1 (monetary penalties) and 2 (enforcement powers of the Information Commissioner (1) The Electronic Signatures Regulations 2002 are revoked.(2) For the purposes of these Regulations, a qualified certificate issued pursuant to regulation 2 of the 2002 Regulations is to be treated as a qualified certificate for electronic signature pursuant to Article 3(15) of the eIDAS Regulation until it expires.
  • Schedule 3 has effect.
  • carry out a review of these Regulations;set out the conclusions of the review in a report; andpublish the report.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .set out the objectives intended to be achieved by the regulatory system established by these Regulations;assess the extent to which those objectives are achieved; andassess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.(4) The first report under this regulation must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.(1) If the supervisory body is satisfied that a trust service provider has contravened or is contravening Chapter III of the eIDAS Regulation, the supervisory body may issue a trust service provider with a fixed monetary penalty notice in respect of such contravention.(2) The amount of a fixed monetary penalty under these Regulations is £1000.(3) Before serving a fixed monetary penalty notice, the supervisory body must serve the trust service provider with a notice of intent.state the name and address of the trust service provider;state the nature of the contravention;indicate the amount of the fixed monetary penalty;include a statement informing the trust service provider of the opportunity to discharge liability for the fixed monetary penalty notice;indicate the date on which the supervisory body proposes to serve the fixed monetary penalty notice; andinform the trust service provider that it may make written representations in relation to the proposal to serve a fixed monetary penalty notice within a period of 21 days beginning with the date of service of the notice of intent.(5) A trust service provider may discharge liability for the fixed monetary penalty if it pays to the supervisory body the amount of £800 within a period of 21 days beginning with the date of receipt of the notice of intent.(6) The supervisory body may not serve a fixed monetary penalty notice until the expiry of a period of 21 days beginning with the date of service of the notice of intent.the name and address of the trust service provider;details of the notice of intent served on the trust service provider;whether there have been any written representations;details of any early payment discounts;the grounds on which the supervisory body imposes the fixed monetary penalty;the date by which the fixed monetary penalty is to be paid; anddetails of, including the time limit for, the trust service provider's right of appeal against the imposition of the fixed monetary penalty.(8) A trust service provider on whom a fixed monetary penalty is served may appeal to the Tribunal against the issue of the fixed monetary penalty notice.(9) Any sum received by the supervisory body by virtue of this Schedule must be paid into the Consolidated Fund.if a county court so orders, under an order of that court;if the High Court so orders, under an order of that court.(11) In Scotland, the penalty may be enforced in the

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