FOI request detail

FOIA Request: Validity of Signature Block on Order GLA 2023 No.0622 (Sidcup bypass) made 6th October 2023.

Request ID: FOI-2357-2425
Date published: 26 November 2024

You asked

I refer to the attached Order GLA 2023 No.0622 (Sidcup bypass 40mph temporary speed limit) made by Transport for London under Chairman Sadiq Khan on 6th October 2023. The signature block of the Order prints the name of Gary Steward, Asset Manager South Operations, as the signatory. Gary Steward does not have authority to sign this Order and that is not his correct title. However, I have since been informed by TfL that the actual signature on the Order was that of Gary Oliver. This Order is defective as Gary Oliver’s printed name is absent from the Order. The signature needs to be attributed to an authorized individual, which TfL has not done and is the subject of this request. Furthermore, this signature is a scanned handwritten signature, which makes it an electronic signature. Electronic signatures must comply with applicable laws, including the Electronic Communications Act 2000 in the UK, to ensure it is considered valid and binding I have the following questions: 1. Please could TfL explain why Gary Oliver’s printed name is absent on the Order? 2. Please provide evidence of Gary Oliver’s identity and his authority to sign this Order. 3. Please provide evidence that this is Gary Oliver’s signature and the date he consented to his signature being placed on this Order, such as an email confirmation, digital certificates, or logs showing the signing process. 4. Please provide the date his electronic signature was placed on the Order and evidence of this, such as logs. 5. Please provide evidence of compliance with the Electronic Communications Act 2000. Under the Electronic Communications Act 2000, an electronic signature is valid if it meets certain criteria. Please provide evidence of compliance with each of the criterions below. a) it must be uniquely linked to the signatory b) capable of identifying them, c) created using means under their sole control. d) linked to the data in such a way that any subsequent changes can be detected.

We answered

Our ref: FOI-2357-2425/GH

 

Thank you for your request received by Transport for London (TfL) on 23 October 2024 asking for information about Order GLA 2023 No.0622 (Sidcup bypass).

 

Your request has been considered under the requirements of the Environmental Information Regulations and our information access policy. I can confirm that we do hold some of the information you require.

 

  1. Please could TfL explain why Gary Oliver’s printed name is absent on the Order? 

I confirm that that the Temporary Traffic Regulation Order no.0622 was approved by Asset Operation Manager Gary Oliver and made on 6 October 2023.  Unfortunately the name of another Asset Operations Manager, Gary Steward, was included in the signature block in error and we apologise for any confusion that this may have caused.  For the avoidance of doubt, we do not consider that this error impacts on the validity of the Order and it remains effective and in force.

 

  1. Please provide evidence of Gary Oliver’s identity and his authority to sign this Order. 

Gary Oliver is an Area Manager in Asset Operation and has authority to approve Traffic Orders as set out under TfL delegated authority process. I attach copies of the delegated authority forms for your information.

 

3. Please provide evidence that this is Gary Oliver’s signature and the date he consented to his signature being placed on this Order, such as an email confirmation, digital certificates, or logs showing the signing process?

     We do not hold this information.

 

4. Please provide the date his electronic signature was placed on the Order and evidence of this, such as logs. 

    This Order was made on 6 October 2023. We do not hold any further information requested.

 

5. Please provide evidence of compliance with the Electronic Communications Act 2000. Under the Electronic Communications Act 2000, an electronic signature is valid if it meets certain criteria. Please provide evidence of compliance with each of the criterions below.

 

a) it must be uniquely linked to the signatory

b) capable of identifying them, 

c) created using means under their sole control. 

d) linked to the data in such a way that any subsequent changes can be detected.

 

This does not relate to recorded information held by TfL. However, in order to be helpful, the Electronic Communications Act 2000 to which you refer, is only applicable to legal proceedings. There is no legal requirement for Traffic Orders to be signed and signatures are only applied as part of usual custom and practice. TfL has a scheme of delegation and consent processes for the approval of Traffic Orders once made by relevant officers which you have been provided a copy of. 

 

The decision to make Order 0622 has been properly approved in accordance with TfL’s internal governance processes and all required statutory provisions. As such, we are satisfied the Orders were properly made.

 

Please see the attached information sheet for details of your right to appeal.

 

Yours sincerely

 

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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