6 Registration of electronic documents in the Land Register and Register of Sasines

(1) A digital registration document to be registered in the Land Register of Scotland must be—

(a) in the form of a PDF created in the digital registration system; and

(b) authenticated by ... —

(i) the type of electronic signature created by electronic signature creation data associated with a digital certificate supplied by the Keeper in accordance with paragraph (c); or

(ii) a qualified electronic signature;

(c) in the case of an electronic signature under paragraph (b)(i), certified by a digital certificate which must—

(i) comply with the International Telecommunication Union Telecommunication Standardization Sector (ITU-T) cryptography standard X509 ... (“X509”);

(ii) be bound to the holder in an identification process which meets a minimum of having regard to the Cabinet Office Good Practice Guide No. 45, Identity proofing and verification of an individual;

(iii) use a public key and private key pair which are at least 1024 bits;

(iv) employ a hashing algorithm no less satisfactory than Secure Hash Algorithm-2 (SHA-2);

(v) not be subject to any limitation preventing use for authentication of conveyancing deeds and documents , land and buildings transaction tax land transaction returns or certification of Stamp Duty Land Tax land transaction returns;

(vi) be certified under a certificate in respect of which revocation is managed by a Certificate Revocation List compliant with X509;

(vii) be issued under policy, contractual and reliance documentation which contains no exclusion or limitation of liability clauses inappropriate to the reliance placed on conveyancing deeds, land registration applications and tax returns; and

(viii) not be created under policy, contractual or reliance documentation including choice of law or prorogation of jurisdiction clauses serving to refer Scots land law and property registration issues to the courts or legal system of a jurisdiction other than Scotland; or to refer land and buildings transaction tax or Stamp Duty Land Tax issues to the courts or legal system of a jurisdiction outwith the United Kingdom.

(2) A digital registration document to be recorded in the Register of Sasines against burdened or benefitted property (or both) which is capable of being, and is also to be, dual registered in the Land Register of Scotland under section 4(5) or 75(1) of the Title Conditions (Scotland) Act 2003—

(a) must comply with the requirements of paragraph (1)(a) to (c); and

(b) may be registered using the digital registration system.