Electronic Transactions Act 2002

  • repealed
  • Electronic Transactions Act 2002: repealed, on 1 September 2017, by section 345(1)(e) of the Contract and Commercial Law Act 2017 (2017 No 5).
23 Legal requirement that signature or seal be witnessed

(1)

Subject to subsection (2), a legal requirement for a signature or a seal to be witnessed is met by means of a witness’ electronic signature if,—

(a)

in the case of the witnessing of a signature, the signature to be witnessed is an electronic signature that complies with section 22; and

(b)

in the case of the witnessing of a signature or a seal, the electronic signature of the witness—

(i)

adequately identifies the witness and adequately indicates that the signature or seal has been witnessed; and

(ii)

is as reliable as is appropriate given the purpose for which, and the circumstances in which, the witness’ signature is required.

(2)

A legal requirement for a signature or seal to be witnessed, if that signature or seal relates to information legally required to be given to a person, is met by means of a witness’ electronic signature only if that person consents to receiving the witness’ electronic signature.