PART 1SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
CHAPTER 9Delivery of documents and opting out (sections 246C, 248A27, 379C and 383A28)
Electronic delivery of documents1.45
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 by the office-holder where the intended recipient and the person who is the subject of the insolvency proceedings had customarily communicated with each other by electronic means before the 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.