Clause 91 - Electronic dispositions: formalities
Land Registration Bill [Lords]
10:00 am

Photo of Mr Eric Illsley

Mr Eric Illsley (Barnsley Central, Labour)

With this it will be convenient to take the following:

Amendment No. 65, in page 33, line 15, at end insert—

'', and, for the purposes of section 7 of the Trustee Delegation Act 1999 (c. 15), the agent is to be treated as the attorney of the principal appointed under a power of attorney.''.

Amendment No. 66, in page 33, line 15, at end insert—

''only if he has previously obtained actual authority in signed writing from his principal; and in the absence of such actual authority, the principal may subsequently ratify the authentication of his agent.''.

New Clause 1—Solicitors' Act 1974—

''Solicitors Act 1974

For the purposes of section 22 of the Solicitors Act 1974 (c. 47)—

(a) a document in electronic form is an instrument, and

(b) obtaining access to a network provided under section 92(1) for the purpose of seeking an alteration in the terms of the register or of submitting a document in electronic form is making an application or lodging a document for registration under this Act at the land registry.''.

Amendment. No. 67, in schedule 5, page 53, line 18, leave out paragraph (a).

Amendment No. 68, in schedule 5, page 54, line 16, leave out paragraph 6.

Amendment No. 69, in schedule 5, page 54, line 27, leave out paragraph 8.

Amendment No. 85, in clause 91, page 33, line 5, after ''certified'', insert—

''( ) each electronic signature was made by, or with the authority of, the person whose signature it purports to be,''.

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