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The Water and Sewerage Services (Electronic Communications) Order (Northern Ireland) 2021

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Statutory Rules of Northern Ireland

2021 No. 184

Water And Sewerage Services

The Water and Sewerage Services (Electronic Communications) Order (Northern Ireland) 2021

Made

25th June 2021

Coming into operation

30th July 2021

The Department for Infrastructure(1) makes this Order in exercise of the powers conferred by sections 1 and 2 of the Electronic Communications Act (Northern Ireland) 2001(2).

In accordance with section 1(3) of that Act the Department for Infrastructure considers that the authorisation of the use of electronic communications by this Order for any purpose is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases.

Citation and commencement

1.  This Order may be cited as the Water and Sewerage Services (Electronic Communications) Order (Northern Ireland) 2021 and comes into operation on 30th July 2021.

Amendment of the Water and Sewerage Services (Northern Ireland) Order 2006

2.  After Article 301 of the Water and Sewerage Services (Northern Ireland) Order 2006 insert—

Consent to receive notices or other documents by electronic communication

301A.(1) As an alternative to any methods authorised by section 24(2) of the Interpretation Act (Northern Ireland) 1954 (service of documents), a notice or other document required or authorised to be served under this Order may be served on a person by means of an electronic communication, but only if—

(a)the person has stated a willingness to receive the notice or document by means of an electronic communication;

(b)the statement has not been withdrawn; and

(c)the notice or document was transmitted to an electronic address specified by the person in a statement made for the purposes of this Article.

(2) A statement made under paragraph (1) may be withdrawn by giving notice to the person to whom the statement was made.

(3) For the purposes of this Article—

“electronic address” includes any number or address used for the purposes of receiving electronic communications;

“electronic communication” has the meaning given by section 4 of the Electronic Communications Act (Northern Ireland) 2001.

Sealed with the Official Seal of the Department for Infrastructure on 25th June 2021

Legal seal

Damian Curran

A senior officer of the

Department for Infrastructure

25th June 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Water and Sewerage Services (Northern Ireland) Order 2006 to permit notices and documents to be served electronically upon persons who have indicated a willingness to receive electronic communications for that purpose. These changes are intended to enable communication to be conducted through electronic means, as an alternative to by post or by hand delivery.

(1)

Formerly the Department for Regional Development; see section 1(6) and Schedule 1 of the Departments Act (Northern Ireland) 2016 (c.5).

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