LegalizeReform history
Electronic Trade Documents Act 2023
2 versions
· 2023-07-20
2023-09-20
Electronic Trade Documents Act 2023
Changes on 2023-09-20
@@ -16,7 +16,7 @@
- (c) possession of the document is required as a matter of law or commercial custom, usage or practice for a person to claim performance of an obligation.
- (2) The following are examples of documents that are commonly used as mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/1/1/b/enacted)—
- (2) The following are examples of documents that are commonly used as mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/1/1/b/2023-09-20)—
- (a) a bill of exchange;
@@ -52,13 +52,13 @@
- (e) secure that a transfer of the document has effect to deprive any person who was able to exercise control of the document immediately before the transfer of the ability to do so (unless the person is able to exercise control by virtue of being a transferee).
- (3) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2023/38/section/2/2/enacted)—
- (3) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2023/38/section/2/2/2023-09-20)—
- (a) a person exercises control of a document when the person uses, transfers or otherwise disposes of the document (whether or not the person has a legal right to do so), and
- (b) persons acting jointly are to be treated as one person.
- (4) Reading or viewing a document is not, of itself, sufficient to amount to use of the document for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2023/38/section/2/3/a/enacted).
- (4) Reading or viewing a document is not, of itself, sufficient to amount to use of the document for the purposes of subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2023/38/section/2/3/a/2023-09-20).
- (5) When determining whether a system is reliable for the purposes of subsection (2), the matters that may be taken into account include—
@@ -98,7 +98,7 @@
- (b) any contractual or other requirements relating to the conversion of the document are complied with.
- (2) Where a document is converted in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2023/38/section/4/1/enacted)—
- (2) Where a document is converted in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2023/38/section/4/1/2023-09-20)—
- (a) the document in its old form ceases to have effect, and
@@ -120,15 +120,15 @@
- (b) a document or instrument of a type specified in regulations made by the appropriate authority.
- (3) The Secretary of State may by regulations amend this section so as to amend or remove the exception conferred by subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/a/enacted).
- (4) The Secretary of State must consult the Scottish Ministers before making regulations under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/b/enacted) that contain provision that is to have effect in relation to Scotland.
- (5) Subsection [(4)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/4/enacted) does not apply if the regulations are to be made by the Secretary of State and the Scottish Ministers acting jointly.
- (3) The Secretary of State may by regulations amend this section so as to amend or remove the exception conferred by subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/a/2023-09-20).
- (4) The Secretary of State must consult the Scottish Ministers before making regulations under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/b/2023-09-20) that contain provision that is to have effect in relation to Scotland.
- (5) Subsection [(4)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/4/2023-09-20) does not apply if the regulations are to be made by the Secretary of State and the Scottish Ministers acting jointly.
- (6) Regulations under this section may include incidental, consequential, transitional or saving provision.
- (7) “*The appropriate authority*”, in relation to regulations under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/b/enacted), means—
- (7) “*The appropriate authority*”, in relation to regulations under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2023/38/section/5/2/b/2023-09-20), means—
- (a) in any case, the Secretary of State or the Secretary of State and the Scottish Ministers acting jointly;
2023-07-20
Electronic Trade Documents Act 2023
original version
Text at this date