5 Authentication of electronic documents: special cases

(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.

(2) Where the granter is a partnership, an electronic signature on behalf of the partnership must be applied by—

(a) a partner; or

(b) a person authorised to sign by the partnership.

(3) Where the granter is a limited liability partnership, an electronic signature on behalf of the limited liability partnership must be applied by a member of the limited liability partnership.

(4) Where the granter is a company, an electronic signature on behalf of the company must be applied by—

(a) a director of the company;

(b) a secretary of the company; or

(c) a person authorised to sign by the company.

(5) Where the granter is a local authority, an electronic signature on behalf of the local authority must be applied by a proper officer of the authority.

(6) Where the granter is a body corporate other than a company or a local authority, the electronic signature on behalf of the body corporate must be applied by—

(a) a member of the body’s governing board;

(b) a member of the body;

(c) a secretary of the body; or

(d) a person authorised to sign by the body.

(7) Where the granter is a Minister or office holder, the electronic signature by or on behalf of the Minister or office holder must be applied by—

(a) the Minister or office holder;

(b) where permitted by an enactment that a document may be signed by an officer of the Minister or by any other Minister, the officer or other Minister;

(c) where permitted by an enactment that a document may be signed by an officer of the office holder, the officer; or

(d) a person authorised to sign by the Minister or office holder.