Statutes of Northern Ireland

2001 Chapter 9

An Act to make provision to facilitate the use of electronic communications and electronic data storage.

[5th April 2001]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
 

(a) any statutory provision; or

(b) any provision of a scheme, licence, authorisation or approval issued, granted or given by or under any statutory provision,

(a) the doing of anything which under any such provision is required to be or may be done or evidenced in writing or otherwise using a document, notice or instrument;

(b) the doing of anything which under any such provision is required to be or may be done by post or other specified means of delivery;

(c) the doing of anything which under any such provision is required to be or may be authorised by a person's signature or seal, or is required to be delivered as a deed or witnessed;

(d) the making of any statement or declaration which under any such provision 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 any such provision, of any account, record, notice, instrument or other document;

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

(g) the making of any payment that is required to be or may be made under any such provision.

(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 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;

(e) 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;

(f) 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 order to carry out functions in relation to the storage;

(g) 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;

(h) 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;

(i) provision, in relation to any criminal or other liabilities that may arise (in respect of the making of false or misleading statements or otherwise) in connection with anything for the purposes of which the use of electronic communications or electronic storage is so authorised, for corresponding liabilities to arise in corresponding circumstances where use is made of such communications or storage;

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

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

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

(m) any such provision, in relation to electronic communications or electronic storage the use of which is authorised otherwise than by an order under this section, as corresponds to any provision falling within any of the preceding paragraphs that may be made where it is such an order that authorises the use of the communications or storage.

(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 place where a thing done using such communication or storage was done;

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

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

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

(b) may make provision that a period of notice specified in the order must expire before effect is given to a variation or withdrawal of an election or other decision which-

(i) has been made for the purposes of such an order; and

(ii) is an election or decision to make use of electronic communications or electronic storage.

(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.

(a) a requirement to deposit a key for electronic data with the intended recipient of electronic communications comprising the data; or

(b) a requirement for arrangements to be made, in cases where a key for data is not deposited with another person, which otherwise secure that the loss of a key, or its becoming unusable, does not have the effect that the information contained in a record kept in pursuance of any provisions made by or under any statutory provision becomes inaccessible or incapable of being put into an intelligible form.

(a) allows access to the electronic data; or

(b) facilitates the putting of the electronic data into an intelligible form;

"document" includes a map, plan, design, drawing, picture or other image;

"communication" includes a communication comprising sounds or images or both and a communication effecting a payment;

"electronic communication" means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)-

(a) by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12)); or

(b) by other means but while in an electronic form;

"modification" includes any alteration, addition or omission;

"record" includes an electronic record; and

"statutory provision" has the meaning assigned by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(a) references to the authenticity of any communication or data are references to any one or more of the following-

(i) whether the communication or data comes from a particular person or other source;

(ii) whether it is accurately timed and dated;

(iii) whether it is intended to have legal effect;

(b) references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data; and

(c) references to a statutory provision-

(i) include references to a statutory provision passed or made after the coming into operation of this Act; but

(ii) do not include references to this Act.