ScheduleTemporary justice measures
Part 1Courts and tribunals: conduct of business by electronic means etc.
Chapter 1Documents
Sending electronically and to a solicitor
2
1
Any requirement (however expressed) that a document of a type mentioned in paragraph 3(1) be given to a person may be fulfilled by—
a
transmitting it to the person electronically, or
b
transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
2
For the purposes of this paragraph—
a
electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,
b
the recipient’s indication of willingness to receive a document in a particular way may be—
i
specific to the document in question or generally applicable to documents of that kind,
ii
expressed specifically to the sender or generally (for example on a website),
iii
inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,
c
the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient.
3
In this paragraph, references to giving a person a document include—
a
serving a document on a person,
b
sending a document to a person, and
c
lodging a document with, or otherwise apply to or petitioning, a court or tribunal.