The Transport Security (Electronic Communications) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under sections 8 and 9 of the Electronic Communications Act 2000, which enable Ministers to modify any enactment for the purpose of authorising or facilitating the use of electronic communications.

This Order modifies the following legislation relating to transport security: the Aviation Security Act 1982; the Aviation and Maritime Security Act 1990; the Railways Act 1993; the Channel Tunnel (Security) Order 1994; and the Ship and Port Facility (Security) Regulations 2004 (together “the principal legislation”).

Articles 2(2), 4(2), 6, 8(2) and 10(2) amend the principal legislation to provide in each case that documents may be served using electronic communications, for example by email, where the intended recipient has provided in advance an electronic address for service, and the document is served on that person at that address in a form agreed by the recipient. The amendments to the provisions of the Railways Act 1993 relate only to documents served by the Secretary of State under sections 118 to 120 of that Act.

Articles 2(3), 4(3), 6, 8(3) and 10(3) provide that, for service to be effective, the document must be in a sufficiently permanent form that it can be used for subsequent reference. They also provide that, unless the contrary is proved, service is deemed to have been effected at the time that the electronic communication is transmitted, except where an electronic communication is received outside a person’s normal business hours, when it shall be treated as having been received on the next working day. The recipient may withdraw his permission to accept service electronically by giving not less than 14 days written notice.

Articles 2(3), 4(3), 6, 8(3) and 10(3) also amend the principal legislation to provide that documents will also be treated as served where the intended recipient has agreed in advance that he will have access to such documents on a website maintained by the Secretary of State, and the Secretary of State notifies him, in a manner agreed in advance, of the publication on the website of the document being served and how to access it. Again, the amendments to the provisions of the Railways Act 1993 relate only to documents served by the Secretary of State under sections 118 to 120 of that Act. Any person who has agreed to such a method of service may withdraw his permission by giving not less than 14 days written notice.

Articles 3, 5, 6, 7, and 9 amend interpretation provisions in the principal legislation to provide for new definitions of “address” and “electronic communications”.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Department for Transport, Transec, Southside, 105 Victoria Street, London SW1E 6DT, and at www.opsi.gov.uk.