2016 No. 335
Electronic Communications

The Party Wall etc. Act 1996 (Electronic Communications) Order 2016

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 8 and 9 of the Electronic Communications Act 20001.

The Secretary of State 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 the purpose will be available will be no less satisfactory where use is made of electronic communications than in other cases.

Citation, commencement and extent.1.

(1)

This Order may be cited as the Party Wall etc. Act 1996 (Electronic Communications) Order 2016, and comes into force on 6th April 2016.

(2)

This Order extends to England and Wales.

Amendments to the Party Wall etc. Act 19962.

(1)

In section 15 of The Party Wall etc. Act 19962 (service of notices etc) after subsection (1) insert —

“(1A)

A notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if—

(a)

the recipient 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the statement has not been withdrawn, and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 recipient.

(1B)

A statement under subsection (1A) may be withdrawn by giving a notice to the person to whom the statement was made.

(1C)

For the purposes of subsection (1A)—

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

“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000; and

“specified” means specified in a statement made for the purposes of subsection (1A).”.

Signed by authority of the Secretary of State for Communities and Local Government

James Wharton
Parliamentary Under Secretary of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Party Wall etc. Act 1996 (c.40) in order that the service of notices and documents pursuant to the provisions of the Act may be effected by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.

An impact assessment is available with the explanatory memorandum for this instrument at www.legislation.gov.uk/.