Regulation 53 Information sent by CIO: time of receiptI1

England and Wales

(1)

This regulation applies in relation to documents or information sent or supplied by a CIO.

(2)

Where—

(a)

the document or information is sent by post (whether in hard copy or electronic form) to an address in the United Kingdom, and

(b)

the CIO is able to show that it was properly addressed, prepaid and posted,

it is treated as having been received by the intended recipient 48 hours after it was posted.

(3)

For the purposes of paragraph (2) a document or information is properly addressed if it is addressed in accordance with paragraph 4 of Schedule 3.

(4)

Where—

(a)

the document or information is sent or supplied by electronic means; and

(b)

the CIO is able to show that it was properly addressed,

it is treated as having been received by the intended recipient 48 hours after it was sent.

(5)

For the purposes of paragraph (4) a document or information is properly addressed if it is addressed in accordance with paragraph 7 of Schedule 3.

(6)

Where the document or information is sent or supplied by means of a website, it is treated as having been received by the intended recipient—

(a)

when the material is first made available on the website; or

(b)

if later, when the intended recipient received (or is treated as having received) notice of the fact that the material is available on the website.

(7)

In calculating a period of hours for the purposes of this regulation, no account is to be taken of any part of a day that is—

(a)

a Saturday or Sunday;

(b)

Christmas Day;

(c)

Good Friday; or

(d)

a bank holiday under the Banking and Financial Dealings Act 1971^f1 in England and Wales.

(8)

This regulation has effect subject to any contrary provision agreed between the CIO and the intended recipient.

Annotations

f1: 1971 c. 80. There are amendments to the Act not relevant to these Regulations.