§ Ms Rosie WintertonTo ask the Minister for the Cabinet Office what use will be made of the powers in the Electronic Communications Bill to remove statutory barriers to the electronic delivery of Government services. [124031]
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Department Legislation Comments Department of Trade and Industry Companies Act 1985 Will allow: companies to communicate electronically with shareholders (e.g. distributing annual reports); appointment of proxies by electronic means electronic incorporation; electronic filing of certain documents/forms. A consultative document on a draft order to amend the law has already been issued. Department of the Environment, Transport and the Regions Vehicle Excise and Registration Act 1994, section 22 To allow a statutory off-road declaration to be made electronically. As the process involves signatures, a clause 8 order will not be made until after clause 7 (electronic signatures and related certificates) has come into force. Lord Chancellor's Department Law of Property Act 1925; Land Registration Act 1925; Settled Land Act 1925; Trustee Act 1925; Administration of Estates Act 1925; Powers of Attorney Act 1971; Law of Property (Miscellaneous Provisions) Act 1989 Electronic conveyancing: it is hoped that the first draft order will be issued for consultation later this year with a view to it being made at or around the end of the year. Public Record Office Public Records Act 1958 To allow electronic authentication of public records for court proceedings. Department for Education and Employment A single order will be made to remove barriers to electronic communication and storage in legislation on education. Home Office Race Relations Act 1976 To facilitate electronic communication with the Commission for Racial Equality. Office for National Statistics Statistics of Trade Act 1947 To facilitate electronic submissions of trade statistics to the Office for National Statistics, and related procedures. Department of Social Security Social Security Act 1998 Welfare Reform and Pensions Act 1999 To facilitate electronic communication between members of the public and the Department on claims to benefit, child support issues, decision-making and appeals. There is significant provision under primary legislation, and the current review of operational requirements will identify any other legislative areas for orders by the end of September 2000. Cabinet Office (HMSO) Documentary Evidence Acts 1868 to 1895 To amend the current provision that the official version of legislation is that printed under the authority of the Queen's Printer, so as to make the Official Legislation website version acceptable. Statutory Instruments Act 1946 and associated Regulations To amend provisions about the admissibility in evidence of printed issue lists, and also how SIs are transmitted to HMSO by Departments after being made. Currently they have to be sent with signed certificates but electronic alternatives to this procedure are being considered.
§ Mr. Ian McCartneyThe Bill contains in clause 8 a power to amend legislation to authorise or facilitate electronic communications or storage. The use of this power will support the Government's target of making all its services available electronically by 2005. Cabinet Office Central IT Unit will maintain on its website a register of all orders made under the Bill and include a report on the use of the powers under the Bill as part of its six-monthly reports towards meeting the Government's targets for electronic service delivery.
In its response (HC 168) to the Trade and Industry Committee's report (HC 862) on the Bill, the Government accepted the recommendation that Departments should publish their priorities for using secondary legislation to update statutory requirements currently expressed in the law by the use of such words as 'writing' or 'signature', and timetables for implementation. Some Departments have not identified any such statutory requirements that require updating. Others may use primary legislation to update them. While some Departments have identified many items of legislation to be updated by the Electronic Communications Bill, departmental priorities for the use of the powers in the Bill, or other powers, for this purpose are given in the table:
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Department Legislation Comments HM Treasury Financial Services and Markets Bill Consideration is being given to recognition of electronic signatures in order to support the Financial Services Authority's intention to accept applications by electronic means; and to allow for electronic communication of certain notices which the Financial Services and Markets Bill currently requires to be in writing.