The Town and Country Planning (Electronic Communications) (Scotland) Order 2004

Use of electronic communications for service of notices

4.—(1) Section 271 of the 1997 Act (service of notices) is amended as follows.

(2) In subsection (1), after paragraph (c) insert–

“(cc) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (4), to that person at that address (subject to subsection (5)); or”.

(3) After subsection (3), insert–

“(4) The condition mentioned in subsection (1)(cc) is that the notice or other document shall be–

(a) capable of being accessed by the person mentioned in that provision;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(5) Subsection (1)(cc) shall not apply to–

(a) serving a planning contravention notice;

(b) serving or giving notice to parties who must be notified of applications for planning permission and other matters in accordance with regulations made under sections 34 and 35;

(c) serving any notice, or withdrawal of any such notice under section 61;

(d) serving a notice under section 66(2);

(e) serving a notice under section 72(2) or a copy of an order under section 72(5);

(f) serving a purchase notice under section 88(2);

(g) serving any notice under section 90;

(h) serving a counter-notice under section 96(2) or 96(5)

(i) serving a counter-notice under 102;

(j) serving a blight notice under section 101(1);

(k) serving a copy of any enforcement notice by a planning authority;

(l) giving any notice under section 129 of the exercise of powers conferred by subsection (1) of that section;

(m) serving an enforcement notice issued by the Scottish Ministers;

(n) serving a stop notice, or of notice of withdrawal of a stop notice, by a planning authority;

(o) serving a stop notice by the Scottish Ministers;

(p) serving a breach of condition notice or of notice of withdrawal of a breach of condition notice;

(q) giving notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 161;

(r) serving notice by a planning authority under section 179 requiring steps to be taken to abate the adverse effect on the amenity of any part of its district by reason of condition of any land within that district or an adjoining district;

(s) serving a notice under section 272 requiring information as to interests in land;

(t) serving a copy of a discontinuance, prohibition, suspension or supplementary suspension order made under Schedule 8; and

(u) serving a reminder under paragraph 4 of Schedule 10.”.