Article 2 InterpretationI1

In these rules—

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

• “appointed representative” means the person appointed under Article 123A (4) or (5) of the 1991 Order;

• “by local advertisement” means—

  1. (a)

     publication of the notice in a newspaper circulating in the area in which the land to which the request for a direction relates is situated; and

  2. (b)

     publication of the notice on a website;

• “closed evidence” means evidence of a description indicated in a direction;

• “direction” means a direction by the Secretary of State under Article 123A(2) of the 1991 Order;

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

• F1“electronic communication” has the meaning assigned to it by section 4(1) of the Electronic Communications Act (Northern Ireland) 2001;

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

• “the parties” means—

  1. (a)

     the person making the request for a direction; and

  2. (b)

     the appointed representative;

• “the 1991 Order” means the Planning (Northern Ireland) Order 1991; and

• “written representations” includes supporting documents.

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 —

Paragraphs (4) to (7) 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”).

The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

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.

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 or a public holiday.

A requirement in these rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4).