Captured source text (L5)
8. Qualified Electronic Signatures
Section 91 of the Land Registration Act 2002 provides for a document in electronic form to be regarded for the purposes of legislation as a deed if certain conditions are met. Not being an actual deed, there is no need for the signatures to be witnessed. One of the conditions for the section applying is that any conditions required by the Land Registration Rules 2003 are met. Provision is made for some of these conditions to be set out in a Notice given by the registrar under rule 54C.
There are currently two such Notices..[Notice 1 (under rule 54C of the Land Registration Rules 2003): HM Land Registry Network Services - arrangements for the creation and registration of digital mortgages (effective 1 June 2026) - GOV.UK](https://www.gov.uk/government/publications/notices-under-the-land-registration-rules-2003/notice-1-hm-land-registry-network-services-creation-and-registration-of-digital-mortgages) allows for documents to be used for the creation of “digital mortgages”. Among several major restrictions, the mortgage must be a re-mortgage, and must be created using an API in Business Gateway. However, it is [Notice 2 (under rule 54C of the Land Registration Rules 2003): Documents to which section 91 of the Land Registration Act 2002 applies (effective 1 June 2026) - GOV.UK](https://www.gov.uk/government/publications/notices-under-the-land-registration-rules-2003/notice-2-under-rule-54c-of-the-land-registration-rules-2003-documents-in-electronic-form-purporting-to-effect-registrable-dispositions) that is relevant for present purposes, as this (in its current form) allows for any registrable disposition to be effected by a document, and one of the requirements is that the document is signed using qualified electronic signatures.
Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions (the eIDAS Regulation), as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (the UK eIDAS Regulations), defines a qualified electronic signature. Key features are that the signature is:
- uniquely linked to the signatory and capable of identifying them
- linked to the signed data in such a way that any subsequent change in the data is detectable
- supported by a ‘qualified certificate’ issued by a ‘qualified trust service provider’
- created using a qualified signature creation device
The Information Commission has produced a Guide to eIDAS that explains the eIDAS Regulation and the UK eIDAS Regulations and their effect: [https://ico.org.uk/for-organisations/guide-to-eidas/what-is-the-eidas-regulation/](https://ico.org.uk/for-organisations/guide-to-eidas/what-is-the-eidas-regulation/).
Notice 2 sets out the amendments to the prescribed forms for registrable dispositions that need to be made. In particular, the document will need to make provision for the time and date when it takes effect: not being a deed, there is no “delivery”. And the document will need to be signed rather than executed as a deed.
Note that if a document does not comply with the requirements in the Notice, it will not take effect as a deed and so will not be an effective disposition of a legal estate and cannot be completed by registration.
A QES will be invalidated by any subsequent alteration of the document. If it is necessary to amend a dispositionary document after it has been signed, whether before or after an application is made, this must be done in the following ways:
- If the amendment does not involve a further registrable disposition, or does but the registrable disposition is not one for which the use of a particular form is prescribed, the parties may execute a deed of rectification or variation;
- Otherwise, the parties should sign a fresh dispositionary document or execute a fresh deed, in the prescribed form if appropriate, to effect the alteration.
In either case, if the alteration is after the application is made, the deed of rectification or variation or fresh deed or dispositionary document will need to be the subject of a further application.
Full captured verbatim text
Section 91 of the Land Registration Act 2002 provides for a document in electronic form to be regarded for the purposes of legislation as a deed if certain conditions are met. Not being an actual deed, there is no need for the signatures to be witnessed. One of the conditions for the section applying is that any conditions required by the Land Registration Rules 2003 are met. Provision is made for some of these conditions to be set out in a Notice given by the registrar under rule 54C. There are currently two such Notices..[Notice 1 (under rule 54C of the Land Registration Rules 2003): HM Land Registry Network Services - arrangements for the creation and registration of digital mortgages (effective 1 June 2026) - GOV.UK](https://www.gov.uk/government/publications/notices-under-the-land-registration-rules-2003/notice-1-hm-land-registry-network-services-creation-and-registration-of-digital-mortgages) allows for documents to be used for the creation of “digital mortgages”. Among several major restrictions, the mortgage must be a re-mortgage, and must be created using an API in Business Gateway. However, it is [Notice 2 (under rule 54C of the Land Registration Rules 2003): Documents to which section 91 of the Land Registration Act 2002 applies (effective 1 June 2026) - GOV.UK](https://www.gov.uk/government/publications/notices-under-the-land-registration-rules-2003/notice-2-under-rule-54c-of-the-land-registration-rules-2003-documents-in-electronic-form-purporting-to-effect-registrable-dispositions) that is relevant for present purposes, as this (in its current form) allows for any registrable disposition to be effected by a document, and one of the requirements is that the document is signed using qualified electronic signatures. Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions (the eIDAS Regulation), as amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019 (the UK eIDAS Regulations), defines a qualified electronic signature. Key features are that the signature is: - uniquely linked to the signatory and capable of identifying them - linked to the signed data in such a way that any subsequent change in the data is detectable - supported by a ‘qualified certificate’ issued by a ‘qualified trust service provider’ - created using a qualified signature creation device The Information Commission has produced a Guide to eIDAS that explains the eIDAS Regulation and the UK eIDAS Regulations and their effect: [https://ico.org.uk/for-organisations/guide-to-eidas/what-is-the-eidas-regulation/](https://ico.org.uk/for-organisations/guide-to-eidas/what-is-the-eidas-regulation/). Notice 2 sets out the amendments to the prescribed forms for registrable dispositions that need to be made. In particular, the document will need to make provision for the time and date when it takes effect: not being a deed, there is no “delivery”. And the document will need to be signed rather than executed as a deed. Note that if a document does not comply with the requirements in the Notice, it will not take effect as a deed and so will not be an effective disposition of a legal estate and cannot be completed by registration. A QES will be invalidated by any subsequent alteration of the document. If it is necessary to amend a dispositionary document after it has been signed, whether before or after an application is made, this must be done in the following ways: - If the amendment does not involve a further registrable disposition, or does but the registrable disposition is not one for which the use of a particular form is prescribed, the parties may execute a deed of rectification or variation; - Otherwise, the parties should sign a fresh dispositionary document or execute a fresh deed, in the prescribed form if appropriate, to effect the alteration. In either case, if the alteration is after the application is made, the deed of rectification or variation or fresh deed or dispositionary document will need to be the subject of a further application.