The Town and Country Planning (Electronic Communications) (Scotland) Order 2004

Article 17

SCHEDULE 6 Amendment of The Town and Country Planning (General Permitted Development) (Scotland) (Order) 1992

1.  In paragraph (2) of article 2 (interpretation) after the definition of “dwellinghouse”, insert–

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

2.  At the end of article 2, insert–

“(5) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically–

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, forms, maps, plans, drawings, certificates or other documents or to copies of such things, include references to such documents or copies of them in electronic form.

(6) Paragraphs (7) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any application, notice or other document to any other person (“the recipient”).

(7) The requirement shall (except in a case referred to in paragraph (8)) be deemed to be fulfilled where the application, notice, or other document transmitted by the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference.

(8) The cases are–

(a) making a direction under article 4; and

(b) giving notice of a direction under article 5.

(9) In paragraph (7) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(10) Where the electronic communication is received by the recipient–

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(2), a day appointed for public thanksgiving or mourning, or any other day which is a local or public holiday in an area in which the electronic communication is received.

(11) A requirement in this Order that any application, plan, notice, form or other document should be in writing is fulfilled where the document meets the criteria in paragraph (7) and “written” and cognate expressions are to be construed accordingly.

(12) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, or giving or serving a notice using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to the application or notice, as the case may be, which are capable of being carried out electronically;

(b) that the address for that purpose is the address incorporated into, or otherwise logically associated with, the application; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement, and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.”.

(1)

2000 c. 7.

(2)

1971 c. 80.