OpenLegislation

Regulation 5 Applications, notices and representations

Original text. Later amendments are not shown.

After regulation 21 insert—

“Applications and notices given by means of relevant electronic facility

21A.
(1)

The requirement in regulation 21 is satisfied in relation to an application or notice if the information comprising the application or notice is transmitted to the recipient by means of a relevant electronic facility.

(2)

A plan or other document that accompanies an application or notice, and which is capable of being transmitted by means of a relevant electronic facility, may be transmitted to the recipient by means of that facility, together with the application or notice.

(3)

Subject to paragraph (4) where information comprising an application or notice is transmitted by means of a relevant electronic facility the application or notice is to be taken as given at the time the information comprising it, and any accompanying plan or document, becomes accessible to the recipient by means of that facility.

(4)

But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.

Applications, notices and representations given by other electronic means

21B.
(1)

In the case of an application for review under section 51 or section 87, or of representations, the requirement in regulation 21 is satisfied if—

(a)

the information comprising the application or representations is—

(i)

transmitted by electronic means (other than a relevant electronic facility),

(ii)

capable of being accessed by the recipient,

(iii)

clear and legible in all material respects, and

(iv)

capable of being—

(aa)

read and reproduced in written form, and

(bb)

used for subsequent reference

  • by the recipient;

    1. (b)

      the person to whom the application is to be given, or to whom the representations are to be made has agreed in advance to the use of electronic means for that purpose; and

    2. (c)

      forthwith on sending the information comprising the application or representations by electronic means the application is, or the representations are, given to the recipient in writing.

(2)

Paragraph (1)(c) does not apply in respect of an application or representations if the recipient has agreed in advance that the application or representations need not be given in writing.

(3)

A plan or other document that accompanies an application given or representations made pursuant to paragraph (1) may be given by electronic means, provided that the requirements of that paragraph are met in relation to the information contained in the plan or document.

(4)

Subject to paragraph (5), where information comprising an application or representations (“the information”) is transmitted by electronic means pursuant to paragraph (1) the application is, or the representations are, to be taken as given at the time the requirements of paragraph (1)(a) and (b) are satisfied with respect to—

(a)

the information, and

(b)

any accompanying plan or document.

(5)

But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.”.