The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018

PART 3Electronic communications

Amendments to regulation 2

10.—(1) Regulation 2 (interpretation) of the 2004 Regulations is amended as follows.

(2) In paragraph (2)—

(a)after the definition of “authorising authority” insert—

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

(b)in the definition of “send”—

(i)the words from “by” to the end become sub-paragraph (a);

(ii)after that sub-paragraph, insert “or” and the following sub-paragraph—

(b)by electronic communication to such address as may for the time being be specified by the recipient for that purpose;.

(3) After paragraph (2), insert—

(3) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—

(a)except in sub-paragraph (a) of the definition of “send” in paragraph (2), the expression “address” includes any number or address used for the purposes of such communications;

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

(4) Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give, send, return or supply any representations, statement, notice or other document to any other person (“the recipient”).

(5) The requirement is to be taken to be fulfilled where the 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.

(6) In paragraph (5), “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if given, sent, returned or supplied by means of a document in printed form.

(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (5), and “written” is to be construed accordingly.

(8) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day..

Insertion of new regulation 2A

11.  After regulation 2 of the 2004 Regulations, insert—

Withdrawal of consent to use of electronic communications

2A.  Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Regulations, is capable of being carried out using such communications, the person must give notice in writing—

(a)withdrawing any address notified to the authorising authority for that purpose, or

(b)revoking any agreement entered into with the authorising authority for that purpose,

and such withdrawal or revocation is final and takes effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given..

Amendment to Schedule 1

12.  In Schedule 1 to the 2004 Regulations (as renumbered by regulation 8(2) of these Regulations), in the form of consent to the written representations procedure, at the end of the eighth paragraph, insert “Where you are content to receive communications electronically, please provide your address for the purposes of electronic communications, in addition to your postal address, below.”.

(1)

Section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).