Commentary on Sections Registration of electronic documents Section 115 – Competence of registration of electronic documents
478.This section deals with how the Act interacts with section 9G of the Requirements of Writing (Scotland) Act 1995. Subsection (1)(d) of that section provides that in general it is not competent to record or register an electronic document in a register under the management and control of the Keeper of the Registers of Scotland unless certain conditions are met. One of those conditions is that the electronic signature is of such form and of such type as is prescribed by the Scottish Ministers in regulations.
479.As the current regulations prescribe more stringent requirements than the Act’s definition of “authenticated”, this section of the Act provides that those conditions do not have to be met in respect of registration in the Register of Assignations or the Register of Statutory Pledges.