Digital Signature
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(6) For the purposes of subsection (5), the Commission shall
appoint another licensed certification authority to take over the
certificates issued by the certification authority whose licence has
been revoked or surrendered or has expired and such certificates
shall, to the extent that they comply with the requirements of the
appointed licensed certification authority, be deemed to have been
issued by that licensed certification authority.
(7) Nothing in subsection (6) shall preclude the appointed licensed
certification authority from requiring the subscriber to comply
with its requirements in relation to the issuance of certificates or
from issuing a new certificate to the subscriber for the unexpired
period of the original certificate provided that any additional fees
or charges to be imposed shall only be imposed with the prior
written approval of the Commission.
(8) Where the Commission has appointed a licensed certification
authority to take over the certificates of a certification authority
under subsection (6), the certification authority shall pay to the
appointed licensed certification authority such part of the prescribed
fee paid by the subscribers to it as the Commission may determine.
Effect of lack of licence
13. (1) The liability limits specified in Chapter 8 of Part IV shall
not apply to unlicensed certification authorities.
(2) Part V shall not apply in relation to a digital signature which
cannot be verified by a certificate issued by a licensed certification
authority.
(3) In any other case, unless the parties expressly provide otherwise
by contract between themselves, the licensing requirements under
this Act shall not affect the effectiveness, enforceability or validity
of any digital signature.
Return of licence
14. (1) Where the revocation of a licence under section 9 has
taken effect, or where the licence has expired and no application
for its renewal has been submitted within the period specified or
where an application for renewal has been refused under section
17, the licensed certification authority shall within fourteen days
return the licence to the Commission.