Regulation 3
SCHEDULEELECTRONIC COMMUNICATIONS
PART 1Use of Electronic Communications
Use of electronic communications by the relevant authority or the Department
1. The relevant authority may use an electronic communication in connection with claims for, and awards of, relief under these regulations.
Conditions for the use of electronic communications by another person
2.—(1) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in paragraph 1 if the conditions specified in sub-paragraphs (2) to (5) are satisfied.
(2) The first condition is that the person is for the time being permitted to use an electronic communication for the purpose in question by an authorisation given by means of a direction of the relevant authority.
(3) The second condition is that the person uses an approved method of—
(a)authenticating the identity of the sender of the communication where required to do so;
(b)electronic communication;
(c)authenticating any claim or information delivered by means of an electronic communication; and
(d)subject to sub-paragraph (6), submitting any claim or information to the relevant authority.
(4) The third condition is that any claim or information sent by means of an electronic communication is in an approved form.
(5) The fourth condition is that the person maintains such records as may be specified in a direction given by the relevant authority.
(6) Where a claimant uses any method other than the method approved by the relevant authority of submitting any claim or information, it is to be treated as not having been submitted.
(7) In this paragraph “approved” means approved by means of a direction given by the relevant authority for the purposes of this Schedule.
Use of intermediaries
3. The relevant authority may use intermediaries in connection with—
(a)the delivery of any claim or information by means of an electronic communication; and
(b)the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
PART 2Evidential Provisions
Effect of delivering information by electronic communications
4.—(1) Any claim or information which is delivered by means of an electronic communication is to be treated as having been delivered in the manner or form required by any provision of these regulations on the day on which the conditions imposed—
(a)by this Schedule; and
(b)by or under an applicable enactment (except to the extent that the condition thereby imposed is incompatible with this Schedule),
are satisfied.
(2) The relevant authority may, by a direction, determine that any claim or information is to be treated as delivered on a different day (whether earlier or later) from the day specified in sub-paragraph (1).
(3) Any claim or information is not to be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of delivery
5.—(1) The use of an approved method of electronic communication is to be presumed, unless the contrary is proved, to have resulted in delivery—
(a)in the case of any claim or information falling to be delivered to the relevant authority, if the delivery of that claim or information is recorded on an official computer system; or
(b)in the case of any information that falls to be delivered by the relevant authority, if the dispatch of that information is recorded on an official computer system.
(2) The use of an approved method of electronic communication is to be presumed, unless the contrary is proved, not to have resulted in delivery—
(a)in the case of any claim or information falling to be delivered to the relevant authority, if the delivery of that claim or information is not recorded on an official computer system; or
(b)in the case of information that falls to be delivered by the relevant authority, if the despatch of that information is not recorded on an official computer system.
(3) The time and date of receipt of any claim or information sent by an approved method of electronic communication is to be presumed, unless the contrary is proved, to be that recorded on an official computer system.
Proof of identity
6.—(1) The identity of—
(a)the sender of any claim or information delivered by means of an electronic communication to an official computer system; or
(b)the recipient of any claim or information delivered by means of an electronic communication from an official computer system,
is to be presumed, unless the contrary is proved, to be the person whose name is recorded as such on that official computer system.
(2) Any claim or information delivered by an approved method of electronic communication on behalf of another person (“P”) is to be deemed to have been delivered by P unless P proves that it was delivered without P’s knowledge or connivance.
Proof of content
7. The content of any claim or information sent by means of an electronic communication is to be presumed, unless the contrary is proved, to be that recorded on an official computer system.