The Council Tax (Electronic Communications) (England) Order 2008

Service of notices

2.—(1) Regulation 35 of the Council Tax (Alteration of Lists and Appeals) Regulations 1993 (service of notices)(1) shall be amended in relation to England in accordance with the following paragraphs.

(2) At the end of paragraph (1), add—

“; or

(d) by sending it by electronic communication to a relevant electronic address.”.

(3) In paragraph (4), for sub-paragraph (b) substitute—

“(b) (i) delivering it, or sending it by first class or second class post, to the listing officer’s office; or

(ii) sending it by electronic communication to a relevant electronic address.”.

(4) After paragraph (4), insert—

“(4A) A person who has notified a relevant electronic address for the purpose of paragraph (1)(d) or (4)(b)(ii)—

(a) shall notify any change of that address; and

(b) may withdraw the notification of that address,

by serving a written notice on the relevant sender; and the change of address or the withdrawal, as the case may be, shall take effect on the third business day after the day on which the notice is received by the relevant sender.”.

(5) In paragraph (6)—

(a) before the definition of “bank holiday”, insert—

““address” in relation to an electronic communication includes any number or address used for the purposes of such communication;”; and

(b) after the definition of “business day”, insert—

““electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a)

by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003 (meaning of electronic communications networks and services)(2); or

(b)

by other means but while in an electronic form; and

“relevant electronic address” means an address which is notified—

(a)

to the person serving a notice (“the relevant sender”);

(b)

by—

(i)

the person on whom the notice is to be served (“the recipient”); or

(ii)

any other person authorised by the recipient to notify the relevant sender of the address; and

(c)

for the purpose of enabling the notice to be sent by electronic communication.”.

(6) At the end of paragraph (7), add—

“; and

(d) a notice served by the means described in paragraph (1)(d) or (4)(b)(ii) shall—

(i) if sent by facsimile transmission on a business day before 4 p.m., be treated as served on that day;

(ii) if sent by facsimile transmission in any other case, be treated as served on the next business day after the day on which it was sent; and

(iii) in any other case, be treated as served on the second business day after the day on which it was sent.”.

(7) After paragraph (7), add—

“(8) In these Regulations, any reference to a written notice includes a reference to a notice in electronic form.”.

(1)

S.I. 1993/290, amended by S.I. 2008/315; there are other amending instruments but none is relevant.

(2)

2003 c. 21.