OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Rules—

  • “affected person” means the person who will be prevented from hearing or inspecting closed evidence at a local inquiry if a direction is given;

  • “appointed representative” means a person appointed under—

    1. (a)

      section 321(5) or (6) of the principal Act;

    2. (b)

      paragraph 6A(1) or (2) of Schedule 3 to the Listed Buildings Act; or

    3. (c)

      paragraph 6A(1) or (2) of the Schedule to the Hazardous Substances Act;

  • “closed evidence” means evidence which is subject to a direction;

  • “direction” means a direction by the Secretary of State under—

    1. (a)

      section 321(3) of the principal Act;

    2. (b)

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

    3. (c)

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

  • “document” includes a photograph, map or plan;

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000f1;

  • “the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990;

  • “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;

  • “the parties” means—

    1. (a)

      the person making the request for a direction; and

    2. (b)

      the appointed representative;

  • “potentially closed evidence” means evidence in respect of which a request for a direction has been made;

  • “the principal Act” means the Town and Country Planning Act 1990; and

  • “written representations” includes supporting documents.

(2)

In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being effected electronically—

(a)

the expression “address” 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 Rules to give or send any statement, notice or other document to any other person (“the recipient”).

(4)

The requirement shall 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 shall 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 Rules 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 Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.

Annotations

Footnotes

f1

2000 c. 7.