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.