7.—(1) In any legal proceedings—

(a) an electronic signature incorporated or logically associated with a
particular electronic communication, and

(b) the certification by any person of such a signature,

shall each be admissible in evidence in relation to any question as to the
authenticity of the communication or its integrity.

(2) For the purposes of this section an electronic signature is so much of
anything in electronic form as—

(a) is incorporated into or otherwise logically associated with an
electronic communication; and

(b) purports to be so incorporated or associated for the purpose of being
used in establishing the authenticity of the communication or its
integrity, or both.

(3) For the purposes of this section an electronic signature incorporated
into or associated with a particular electronic communication is certified by
any person if that person (whether before or after the making of the
communication) has certified either—

(a) the signature, or

(b) a procedure to be applied to the signature,

as a valid means of establishing the authenticity of the communication or its
integrity, or both.

(2) Those purposes are—

(a) the doing of anything which under those provisions is to be or may
be done in writing or otherwise using a document, notice or
instrument;

(b) the doing of anything which under those provisions is to be or may
be done by post or other specified means of delivery;

(c) the doing of anything which under those provisions is to be or may
be authorised by a person’s signature or seal, or is required to be
witnessed;

(d) the making of any statement or declaration which under those
provisions is required to be made under oath or to be contained in a
statutory declaration;

(e) the keeping, maintenance or preservation, for the purposes or in
pursuance of those provisions, of any account, record, notice,
instrument or other document;

(f) the provision, production or publication under those provisions of
any information or other matter;

(g) the making of any payment that is to be or may be made under those
provisions.

(3) The appropriate Minister shall not make an order under this section
authorising the use of electronic communications or electronic storage for
any purpose unless he is satisfied that the authorisation is such that it will be
possible for a record to be produced of everything that is done by virtue of
the authorisation.

(4) Without prejudice to the generality of subsection (1), the power to
make an order under this section shall include power to make an order
containing any of the following provisions—

(a) provision as to the electronic form to be taken by any electronic
communications or electronic storage the use of which is
authorised by an order under this section;

(b) provision imposing conditions subject to which the use of electronic
communications or electronic storage is so authorised;

(c) provision, in relation to cases in which any such conditions are not
satisfied, for treating anything for the purposes of which the use of
such communications or storage is so authorised as not having been
done;

(d) provision, in relation to cases in which the use of electronic
communications or electronic storage is so authorised, for the
determination of any of the matters mentioned in subsection (5), or
as to the manner in which they may be proved in legal proceedings;

(e) provision, in relation to cases in which fees or charges are or may be
imposed in connection with anything for the purposes of which the
use of electronic communications or electronic storage is so
authorised, for different fees or charges to apply where use is made
of such communications or storage;

(f) provision, in connection with anything so authorised, for a person to
be able to refuse to accept receipt of something in electronic form
except in such circumstances as may be specified in or determined
under the order;

(g) provision, in connection with any use of electronic communications
so authorised, for intermediaries to be used, or to be capable of
being used, for the transmission of any data or for establishing the
authenticity or integrity of any data;

(h) provision, in connection with any use of electronic storage so
authorised, for persons satisfying such conditions as may be
specified in or determined under the regulations to carry out
functions in relation to the storage;

(i) provision requiring persons to prepare and keep records in connection
with any use of electronic communications or electronic storage
which is so authorised;

(j) provision requiring the production of the contents of any records kept
in accordance with an order under this section;

(k) provision for a requirement imposed by virtue of paragraph (i) or (j) to
be enforceable at the suit or instance of such person as may
specified in or determined in accordance with the order.

(5) The matters referred to in subsection (4)(d) are—

(a) whether a thing has been done using an electronic communication or
electronic storage;

(b) the time at which, or date on which, a thing done using any such
communication or storage was done;

(c) the person by whom such a thing was done; and

(d) the contents, authenticity or integrity of any electronic data.

(6) An order under this section—

(a) shall not (subject to paragraph (b)) require the use of electronic
communications or electronic storage for any purpose; but

(b) may impose restrictions on, or conditions in relation to, the variation
or withdrawal of any election or other decision to make use of such
communications or storage in relation to any matter.

(7) The matters in relation to which provision may be made by an order
under this section do not include any matter under the care and management of
the Commissioners of Inland Revenue or any matter under the care and
management of the Commissioners of Customs and Excise.

(a) in relation to any matter with which a department of the Secretary of
State is concerned, the Secretary of State;

(b) in relation to any matter with which the Treasury is concerned, the
Treasury; and

(c) in relation to any matter with which any Government department
other than a department of the Secretary of State or the Treasury is
concerned, the Minister in charge of the other department.

(2) Where in the case of any matter—

(a) that matter falls within more than one paragraph of subsection (1),

(b) there is more than one such department as is mentioned in paragraph

(c) of that subsection that is concerned with that matter, or

(c) both paragraphs (a) and (b) of this subsection apply,

references, in relation to that matter, to the appropriate Minister are
references to any one or more of the appropriate Ministers acting (in the case of
more than one) jointly.

(3) Subject to subsection (4), a statutory instrument containing an order
under section 8 shall be subject to annulment in pursuance of a resolution of
either House of Parliament.

(4) Subsection (3) does not apply in the case of an order a draft of which
has been laid before Parliament and approved by a resolution of each House.

(5) An order under section 8 may—

(a) provide for any conditions or requirements imposed by such an order
to be framed by reference to the directions of such persons as may
be specified in or determined in accordance with the order;

(b) provide that any such condition or requirement is to be satisfied only
where a person so specified or determined is satisfied as to specified
matters.

(6) The provision made by such an order may include—

(a) different provision for different cases;

(b) such exceptions and exclusions as the appropriate Minister may
think fit; and

(c) any such incidental, supplemental, consequential and transitional
provision as he may think fit.

(7) In the application of this section and section 8 to Scotland—

(a) any power of the appropriate Minister to make an order under section
8 may also be exercised by the Scottish Ministers with the consent
of the appropriate Minister; and

(b) where the Scottish Ministers make an order under section 8—