Electronic Communications Citation, commencement and interpretation 1 1 These Regulations may be cited as the Registers of Scotland (Digital Registration, etc.) Regulations 2022. 2 Subject to paragraphs (3) and (4), they come into force on 1 April 2022. 3 Regulations 2 and 3 come into force on the day on which paragraph 12 of schedule 7 of the Coronavirus (Scotland) Act 2020 is re-enacted by Act of the Scottish Parliament (with or without modification). 4 Regulation 7 comes into force on 1 October 2022. 5 In these Regulations, “ the E-Documents Regulations ” means the Electronic Documents (Scotland) Regulations 2014 . Submission of digital copy traditional documents in the Land Register 2 1 The Land Register Rules etc. (Scotland) Regulations 2014 are amended as follows. 2 In regulation 7 (procedure and form to apply for registration in the Land Register) — a at the end of the heading, add “- deeds or voluntary registration ” , b in paragraph (1)(a) after “Act”, insert “(other than by submission of a copy of the deed)” . 3 After regulation 7, insert— Procedure and form to apply for registration in the Land Register – copy deeds 7A 1 An application for registration by submission by electronic means of a copy of a deed which is a traditional document must be sent to the Keeper in accordance with paragraphs (2) and (3). 2 The application must be sent using a computer system under section 99 of the Act unless— a the computer system notifies the applicant who attempts to use it that it is unavailable for a period of 48 hours or longer, b the applicant has no computer facilities with access to the internet, or c the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so. 3 In particular, paragraph (2)(c) is met— a if the applicant is a natural person who granted the deed, or to whom the deed is granted, and b the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the person. 4 In this regulation “traditional document” bears the meaning it has in the Requirements of Writing (Scotland) Act 1995. . Submission of digital copy traditional documents in the Register of Sasines 3 At the end of rule 4 of the Register of Sasines (Application Procedure) Rules 2004 (signing of application for recording), insert— 3 An application must be sent in electronic form using a computer system under the Keeper’s management and control unless— a the computer system notifies the applicant who attempts to use it that it is unavailable for a period of 48 hours or longer; b the applicant has no computer facilities with access to the internet; or c the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so. 4 In particular, paragraph (3)(c) is met— a if the applicant is a natural person who granted the deed, or to whom the deed is granted; and b the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the person. 5 Where an application must be sent in electronic form, the deed must be— a a copy of a writ which is a traditional document submitted under section 6A of the Land Registers (Scotland) Act 1868 , or b an electronic document . . Annexations to electronic documents 4 1 The E-Documents Regulations are amended as follows. 2 In regulation 1(2) (interpretation), after the definition of “private key”, insert— “ qualified electronic signature ” means a qualified electronic signature as defined in Article 3(12) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market . . 3 In regulation 3 (requirements of self-proving electronic document), for the words from “must be” to the end of paragraph (b) substitute “must be a qualified electronic signature” . 4 For regulation 4 (annexations to electronic documents), substitute— 4 1 Subject to paragraphs (2) and (3) and except where an enactment expressly otherwise provides, any annexation to an electronic document is to be regarded as incorporated in the document if it is— a referred to in the document, and b identified on its face as being the annexation referred to in the document, without the annexation having to be authenticated. 2 Where writing is required under section 1(2) of the 1995 Act for an electronic document, an annexation to it is to be regarded as incorporated in the document if and only if it is— a referred to in the document, b identified on its face as being the annexation referred to in the document, and c annexed to the document before an electronic signature under regulation 2 or 3 is incorporated into or logically associated with the document and the annexation. 3 Where writing is not required under section 1(2) of the 1995 Act for an electronic document which relates to land and an annexation to it describes or shows all or any part of the land to which the document relates, the annexation is to be regarded as incorporated in the document if and only if it— a is referred to in the document, b is identified on its face as being the annexation referred to in the document, and c meets one of the conditions in paragraph (4)(a) or (b). 4 Those conditions are that— a the annexation is annexed to the document before an advanced electronic signature or a qualified electronic signature is incorporated into or logically associated with the document and the annexation, or b the annexation is authenticated with an electronic signature which is neither an advanced electronic signature nor a qualified electronic signature, on— i each page, where it is a plan, drawing, photograph or other representation, or ii the last page, where it is an inventory, appendix, schedule or other writing. 5 In respect of any annexation referred to in paragraph (4)(b)— a if it bears to have been authenticated by a granter of the document it is presumed to have been authenticated by the person who authenticated the document as that granter, b it is competent to sign it at any time before the document is founded on in legal proceedings, c where there is more than one granter, the requirement under paragraph (4)(b)(ii) of signing on the last page is complied with (provided that at least one granter signs at the end of the last page) if any other granter signs on an additional page. . 5 In regulation 6(1)(b) (registration of electronic documents in the Land Register and Register of Sasines)— a omit “the type of electronic signature”, b at the beginning of head (i), insert “the type of electronic signature” , and c for head (ii), substitute— ii a qualified electronic signature; . Authentication of electronic documents: special cases 5 For regulation 5(1) (authentication of electronic documents: special cases) of the E-Documents Regulations, substitute— 1 Any reference in the 1995 Act or these Regulations to authentication by a granter of an electronic document, in a case where the granter is a person to whom any of paragraphs (2) to (7) applies, is to be construed as a reference to authentication by a person in accordance with that paragraph, unless the context otherwise requires. . Requirements for registration of electronic documents in the Land Register and Register of Sasines 6 In regulation 6 (registration of electronic documents in the Land Register and Register of Sasines) of the E-Documents Regulations— a for “An digital” substitute “A digital” , b in regulation 6(1)(c)(ii), for “a level 3 Identity as specified in” substitute “having regard to” . Digital registration procedure in the Books of Council and Session 7 1 The E-Documents Regulations are amended as follows. 2 In regulation 7(1) (registration of electronic standard securities for preservation and execution), for “an digital” substitute “a digital” . 3 After regulation 7 insert— Registration of other electronic documents for preservation and execution 8 1 An electronic document may be registered for preservation or execution (or both) in the register of deeds and probative writs in the Books of Council and Session if it is— a in the form of a PDF , and b authenticated by a qualified electronic signature. 2 This regulation does not apply to an extract of an electronic standard security. . TOM ARTHUR Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd February 2022