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Signatures required to be witnessed.
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14.—(1) If by law or otherwise a signature to a document is required to be witnessed (whether the requirement is in the form of an obligation or consequences flow from the signature not being witnessed) that requirement is taken to have been met if—
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(a) the signature to be witnessed is an advanced electronic signature, based on a qualified certificate, of the person or public body by whom the document is required to be signed,
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(b) the document contains an indication that the signature of that person or public body is required to be witnessed, and
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(c) the signature of the person purporting to witness the signature to be witnessed is an advanced electronic signature, based on a qualified certificate.
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(2) An advanced electronic signature based on a qualified certificate may be used as provided in subsection (1) only—
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(a) where the signature required or permitted to be witnessed is on a document to be given to a public body or to a person acting on behalf of a public body and the public body consents to the use of an electronic signature of both the person attesting the document and witnessing the signature but requires that the document and signatures be in accordance with particular information technology and procedural requirements (including that a qualified certificate on which the signature or signatures are based be issued by an accredited certification service provider)— if the public body's requirements are met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and
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(b) where the document on or in respect of which the signature is to be witnessed is required or permitted to be given to a person who is neither a public body nor acting on behalf of a public body— if the person to whom it is required or permitted to be given consents to the use of an advanced electronic signature based on a qualified certificate for that purpose.
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