Articles 3A
Textual Amendments
F1Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), art. 1(1), Sch. 4
F2 Sch. 6 inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(4) , Schs. 2
1 In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.
2.—(1) An authority[F3, reporting accountant] or auditor must use an approved method of—
(a)electronic communication;
(b)authenticating the identity of the sender of the communication;
(c)authenticating any claim or return delivered by means of an electronic communication; and
(d)submitting to the Secretary of State any claim or return.
(2) An authority[F3, reporting accountant] or auditor must submit any claim or return by means of an electronic communication in an approved form.
(3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.
(4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.
Textual Amendments
F3Words in Sch. 6 para. 2 inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(a)
3 The Secretary of State may—
(a)use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and
(b)require authorities[F4, reporting accountants] or auditors to use intermediaries in connection with those matters.
Textual Amendments
F4Words in Sch. 6 para. 3(b) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(b)
4—(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—
(a)by or under this Schedule; and
(b)by or under Part II of this Order
are satisfied.
(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
5 For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.
6—(1) For the purpose of any legal proceedings, it shall be presumed that—
(a)if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;
(b)if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;
(c)any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.
7 For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.]]