Important update for SAIF Members – Changes to electronic transmission of cremation forms

We recently updated SAIF Members about the Cremation (England and Wales) (Amendment) Regulations 2017 from the Ministry of Justice which will come into force on 6th April 2018. A major change will address the electronic transmission of cremation forms.  Any form in Schedule 1 can be signed electronically and ‘electronic signature’ will have the meaning given in section 7(2) if the Electronic Communications Act 2000.

Section 7 of the Electronic Communications Act 2000 reads as follows

7 (1)In any legal proceedings—

(a)an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, 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 data or as to the integrity of the communication or data.

7 (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 any electronic communication or electronic data; and

(b)purports to be used by the individual creating it to sign.

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

(a)the signature,

(b)a means of producing, communicating or verifying the signature, or

(c)a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of signing.