Law 39/2015, of October 1, on the common administrative procedure of public administrations (LPACAP) determines that public administrations must have two registers (or another equivalent system), which allow to record:
- of officials qualified to make authentic copies, so as to guarantee that these have been properly issued; and,
- of officials dedicated to assisting those interested in the use of electronic media to those interested.
In the latter case, article 12.2 of the LPACAP specifies and develops this qualification, while specifying that if an interested party does not have the necessary electronic means, his identification and signature may be validly carried out by a public official by means of his signature electronics
For these purposes, in accordance with the indicated precept, it will be necessary for the interested party who does not have these means to identify himself to the official and give his express consent for the specific action, which must be kept by record it in cases of discrepancy or litigation.
To implement this obligation, the Public Administrations must:
- Create a system of registration of these public employees, which could be a database with the IDs of the employees in question, or that users of the applications associated with Check-in and Copy are automatically considered members of the registry skilled public employees.
- Approve this register by Mayor's decree, which states the authorization of the Secretary of the Corporation and the appointment of the members of this register.
- Bear in mind that in this register or equivalent system there must be, at least, the employees who provide services to the assistance offices in matters of records.
Article 12. Assistance in the use of electronic media to those interested.
Likewise, if any of these interested parties does not have the necessary electronic means, their identification or electronic signature in the administrative procedure can be validly carried out by a public official by using the electronic signature system that is equipped for this In this case, the interested party who does not have the necessary electronic means must identify himself to the official and give his express consent for this action, which fact must be recorded in cases of discrepancy or litigation.
3. The General Administration of the State, the autonomous communities and local entities must keep up-to-date a register, or another equivalent system, in which the officials qualified for the identification or signature that regulates this article are recorded. These registers or systems must be fully interoperable and be interconnected with those of the rest of the public administrations, for the purposes of checking the validity of the aforementioned qualifications.
In this register or equivalent system there must be at least the officials who provide services in the assistance offices in matters of records."
Article 27. Validity and effectiveness of copies made by public administrations
"1. Each public administration must determine the bodies that have been assigned the powers to issue authentic copies of public administrative or private documents.
For these purposes, the General Administration of the State, the autonomous communities and the local entities can make authentic copies through an authorized official or through an automated administrative action.
A register must be kept up-to-date, or another equivalent system, in which the officials qualified to issue authentic copies are recorded, which must be fully interoperable and interconnected with those of the rest of the public administrations, for the purposes of verifying the validity of the aforementioned qualification. This register or equivalent system must contain, at least, the officials who provide services in the assistance offices in matters of records. [...]"
Seventh final provision. Entry into force
However, the provisions relating to the electronic register of powers of attorney, electronic register, register of skilled public employees, general electronic access point of the Administration and single electronic file take effect after two years of entry into force of the Law."