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The Commons Act 2006 (Correction, Non-Registration or Mistaken Registration) (Wales) Regulations 2017

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PART 3Supplemental

Electronic communications

26.—(1) Any requirement by or under these Regulations for a person to send a document to another person may be met by means of an electronic communication if—

(a)it results in the information contained in that document being available to the other person in a form similar to the form in which it would appear in a document sent in printed form; and

(b)except where the other person is the determining authority, the other person consents to the notice or document being sent by those means.

(2) A person who has provided an email address is to be treated as consenting to a document being sent by email.

(3) A written representation pursuant to regulation 14 or 16 or reply under regulation 14 may be sent by means of an electronic communication.

(4) Any requirement in these Regulations for a document to be signed does not apply in the case of a document sent by means of an electronic communication.

(5) Paragraphs (1) and (4) do not apply in relation to the appointment of persons to discharge functions of a registration authority and any subsequent revocation of such appointment (regulation 4) or the submission of an application form to a registration authority (regulation 5).

(6) For the purposes of this paragraph “document” includes a notice, document, information or evidence.

Service of documents

27.  Any requirement in these Regulations to serve a document on another person is satisfied, if that person cannot be found, by—

(a)leaving the document at that person’s last known address; or

(b)sending the document by registered post to that address.

Inspection and copying of documents

28.—(1) Any request to inspect or make copies of any document referred to in section 20(1)(b) or (c) of the 2006 Act must be treated by the registration authority as a request for information under the relevant legislation.

(2) Where the relevant legislation does not require the information contained in the document to be communicated or made available, the registration authority may refuse to permit inspection, or copies to be taken, of that document.

(3) In this regulation and in regulation 29, “relevant legislation” means the Environmental Information Regulations 2004(1) or the Freedom of Information Act 2000(2).

Official copies

29.—(1) Any person may request a registration authority to provide an official copy of, or of any part of, any register or document referred to in section 21(1) of the 2006 Act.

(2) A registration authority may charge a fee for providing an official copy, not exceeding its costs in providing official copies.

(3) Subject to paragraph (4), upon receiving a request for an official copy, and payment of any fee, a registration authority must provide an extract from the register or a copy of the document, certified on behalf of the registration authority as a true extract or copy as at the date of issue.

(4) A registration authority may refuse a request to provide an official copy of, or of any part of, a document referred to in section 20(1)(b) or (c) of the 2006 Act where the relevant legislation does not require the information contained in the document to be communicated or made available.

Official stamp of registration authority

30.—(1) Every registration authority must have an official stamp for the purposes of the 2006 Act, an impression of which bears the following information—

  • COMMONS ACT 2006

  • [Name of registration authority]

  • COMMONS REGISTRATION AUTHORITY

  • [Date].

(2) A requirement for a registration authority to stamp any document is a requirement to cause an impression of the official stamp to be affixed to it, bearing the date mentioned in the requirement or (where no date is mentioned in the requirement) the date when the stamp is affixed.

Revocations and savings

31.—(1) The following provisions of the 1966 Regulations are revoked—

(a)regulation 26 (new addresses);

(b)regulation 33 (certified copies and extracts);

(c)regulation 34 (fees for searches, etc.); and

(d)regulation 36 (errors and omissions).

(2) Paragraph (3) applies where—

(a)an application for the amendment of a register has been made to a registration authority before 5 May 2017, pursuant to regulation 26 of the 1966 Regulations; and

(b)the registration authority has not determined the application before that date.

(3) The registration authority shall continue to deal with the application on and after 5 May 2017 as if regulation 26 of the 1966 Regulations had not been repealed.

(4) Paragraph (5) applies where—

(a)an error or omission is discovered, before 5 May 2017, pursuant to regulation 36 of the 1966 Regulations; and

(b)the registration authority has not corrected the register before that date.

(5) The registration authority shall continue to deal with any necessary correction on and after 5 May 2017 as if regulation 36 of the 1966 Regulations had not been repealed.

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