The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

Interpretation

2.—(1) In these Regulations–

“affected person” (“person yr effeithir arno”) means the person who will be prevented, by direction, from hearing or inspecting closed evidence at a local inquiry if a direction is given;

“appointed representative” (“cynrychiolydd penodedig”) means a person appointed by the Counsel General to the National Assembly under–

(a)

section 321(5) or (6) of the principal Act as modified by section 321B(2) of that Act;

(b)

paragraph 6A(1) or (2) of Schedule 3 to the Listed Buildings Act as modified by paragraph 8(2) of Schedule 3 to that Act; or

(c)

paragraph 6A(1) or (2) of the Schedule to the Hazardous Substances Act, as modified by paragraph 8(2) of the Schedule to that Act;

“closed evidence” (“tystiolaeth gaeedig”) means evidence which is subject to a direction;

“the directing authority” (“yr awdurdod cyfarwyddo”) means the National Assembly or, as the case may be, the Secretary of State;

“direction” (“cyfarwyddyd”) means a direction given by the directing authority under–

(a)

section 321(3) of the principal Act;

(b)

paragraph 6(6) of Schedule 3 to the Listed Buildings Act; or

(c)

paragraph 6(6) of the Schedule to the Hazardous Substances Act;

“document” (“dogfen”) includes a photograph, map or plan;

“electronic communication” (“cyfathrebu electronig” and “cyfathrebiad electronig”) has the meaning given in section 15(1) of the Electronic Communications Act 2000(1);

“the Hazardous Substances Act” (“y Ddeddf Sylweddau Peryglus”) means the Planning (Hazardous Substances) Act 1990;

“the Listed Buildings Act” (“y Ddeddf Adeiladau Rhestredig”) means the Planning (Listed Buildings and Conservation Areas) Act 1990;

“the parties” (“y part 149 on”) means–

(a)

the person making the request for a direction; and

(b)

the appointed representative;

“potentially closed evidence” (“tystiolaeth gaeedig bosibl”) means evidence in respect of which a request for a direction has been made;

“the principal Act” (“y brif Ddeddf”)means the Town and Country Planning Act 1990; and

“written representations” (“sylwadau ysgrifenedig”) includes supporting documents.

(2) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically–

(a) the expression “address”(“cyfeiriad”) includes any number or address used for the purposes of such communications;

(b) references to notices, representations or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(3) Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).

(4) The requirement will be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is-

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(5) In paragraph (4), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by the recipient outside the recipient’s business hours, it will be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.

(8) A requirement in these Regulations to send more than one copy of a statement or other document is complied with by sending one copy only of the statement or other document in question in electronic form.

(1)

2000 c. 7.