The Town and Country Planning (Electronic Communications) (Scotland) Order 2004

Article 20(2)

SCHEDULE 10 Amendment of The Town and Country Planning Appeals (Inquiries Procedure) Scotland) Rules 1997

1.  In paragraph (1) of rule 3 (interpretation)–

(a) after the definition of “document”, insert–

““electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(1);”; and

(b) in the definition of “appeals questionnaire” after “Rules” insert–

• “, and for this purpose a form is deemed to be supplied where the Scottish Ministers have published it on a website and have notified the planning authority of–

  (i)

  publication of the form on the website;

  (ii)

  the address of the website; and

  (iii)

  the place on the website where the form may be accessed, and how it may be accessed;”.

2.  After rule 3, insert–

“3A.— (1) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being effected electronically–

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Rules impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to statements, notices, forms, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(2) Paragraphs (3) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(3) The requirement shall be deemed to be fulfilled where the statement, notice, form or other document transmitted by means of the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(4) In paragraph (3), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(5) Where the electronic communication is received by the recipient–

(a) at any time before the end of the day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(2), a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

(6) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” and cognate expressions are to be construed accordingly.

(7) Where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement or document, any such requirement may be complied with by sending one copy only of the statement or other document in question.

(8) In a case to which this paragraph applies, and except where a contrary intention appears, a person making a statement, representation, or giving or serving a notice or document using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to a statement, notice, or document, as the case may be, which are capable of being carried out electronically;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the statement, notice or document; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in accordance with rule 24A that the person wishes to revoke the agreement.”.

3.  In rule 12 (precognitions) after paragraph (7) insert–

“(7A) For the purposes of the previous paragraph an opportunity to inspect shall be deemed to have been afforded to a person where the person is notified, in a manner agreed between that person and the planning authority for that purpose, of –

(a) publication on a website of the documents mentioned in that paragraph;

(b) the address of the website;

(c) the place on the website where the documents may be accessed, and how they may be accessed.”.

4.  In rule 13 (service of statements of case etc.)–

(a) at the end of paragraph (2) insert–

• “(including, in any case in which the planning authority rely on paragraph (2A), the details mentioned in that paragraph).”.

(b) after paragraph (2) insert–

“(2A) For the purposes of the previous paragraph an opportunity shall be deemed to have been afforded to a person where the person is notified, in a manner for the time being agreed between that person and the planning authority for that purpose, of–

(a) publication on a website of the documents mentioned in that paragraph;

(b) the address of the website; and

(c) the place on the website where the documents may be accessed, and how they may be accessed.”.

5.  In rule 15 (date and notification of inquiry)–

(a) after paragraph 3 insert–

“(3A) A written notice shall be deemed to have been given by the Scottish Ministers for the purposes of paragraph (3) where they and any person mentioned in that paragraph have agreed that notice of the matters mentioned in that paragraph may instead be accessed by that person via a website, and–

(a) the notice is a notice to which that agreement applies;

(b) the Scottish Ministers have published that notice on the website;

(c) not less than 4 weeks before the date fixed by the Scottish Ministers for the holding of the inquiry, the person is notified of–

(i) the publication of the notice on a website;

(ii) the address of the website; and

(iii) the place on the website where the notice may be accessed, and how it may be accessed.”; and

(b) in paragraph (4), for “paragraph (3)” substitute “paragraphs (3) and (3A)”.

6.  In rule 22 (notification of a decision)–

(a) after paragraph (1) insert–

“(1A) Notification in writing of a decision and reasons shall be deemed to have been given to a person for the purposes of this rule where–

(a) the Scottish Ministers and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person via a website;

(b) the decision and reasons are a decision and reasons to which that agreement applies;

(c) the Scottish Ministers have published the decision and reasons on a website;

(d) the person is notified, in a manner for the time being agreed between that person and the Scottish Ministers, of–

(i) the publication of the decision and reasons on a website;

(ii) the address of the website;

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.”;

(b) after paragraph (3) insert–

“(3A) For the purposes of the previous paragraph an opportunity shall be deemed to have been afforded to a person where that person is notified of–

(i) the publication of the decision and reasons on a website;

(ii) the address of the website;

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.”.

7.  For rule 24 (notices by post), substitute–

“Service of notices etc.

24.   Notices of documents required or authorised to be sent or supplied under these Rules may be sent or supplied–

(a) by post; or

(b) by using electronic communications to send or supply the notice or document, as the case may be, to a person at such address as may for the time being be specified by that person for that purpose.”.

8.  After rule 24 insert–

“Withdrawal of consent to use of electronic communications

24A.   Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Rules, is capable of being carried out using such communications, that person shall give notice in writing–

(a) withdrawing any address notified to the Scottish Ministers or, as the case may be, to a planning authority for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Scottish Ministers or, as the case may be, with a planning authority for that purpose,

and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.”.

(1)

2000 c. 7.

(2)

1971 c. 80.