Article 86 Electronic delivery in postal administration proceedings – generalI1

Scotland

(1)

Unless in any particular case some other form of delivery is required by the 1986 Act, these Rules or an order of the court and subject to paragraph (3), a notice or other document may be given, delivered or sent by electronic means provided that the intended recipient of the notice or other document has—

(a)

consented (whether in the specific case or generally) to electronic delivery (and has not revoked that consent); and

(b)

provided an electronic address for delivery.

(2)

Where a postal administrator gives, sends or delivers a notice or other document to any person by electronic means, it must contain or be accompanied by a statement that the recipient may request a hard copy of the notice or document, and specify a telephone number, e-mail address and postal address which may be used to make such a request.

(3)

Where a hard copy of the notice or other document is requested, it must be sent within 5 business days of receipt of the request by the postal administrator, who may not make a charge for sending it in that form.

(4)

In the absence of evidence to the contrary, a notice or other document is presumed to have been delivered where—

(a)

the sender can produce a copy of the electronic message which—

(i)

contained the notice or other document, or to which the notice or other document was attached; and

(ii)

shows the time and date the message was sent; and

(b)

that electronic message contains the address supplied under paragraph (1)(b).

(5)

A message sent electronically is deemed to have been delivered to the recipient no later than 9.00am on the next business day after it was sent.

Annotations

Commencement

I1: Rule 86 in force at 1.10.2016, see rule 1