Electronic delivery of documents
1.41.—(1) A document is delivered if it is sent by electronic means and the following conditions apply.
(2) The conditions are that the intended recipient of the document has—
(a)given actual or deemed consent for the electronic delivery of the document;
(b)not revoked that consent before the document is sent; and
(c)provided an electronic address for the delivery of the document.
(3) Consent may relate to a specific case or generally.
(4) For the purposes of paragraph (2)(a) an intended recipient is deemed to have consented to the electronic delivery of a document where the intended recipient and the company who is the subject of the insolvency proceedings had customarily communicated with each other by electronic means before the insolvency proceedings commenced.
(5) Unless the contrary is shown, a document is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which—
(a)contains the document; and
(b)shows the time and date the communication was sent and the electronic address to which it was sent.
(6) Unless the contrary is shown, a document sent electronically is treated as delivered to the electronic address to which it is sent at 9.00 am on the next business day after it was sent.
Section 246C was prospectively inserted for Scotland by section 124(3) of the Small Business, Enterprise and Employment Act 2015 (c.26) and section 248A by section 124(4) of that Act.