The Income-related Benefits (Subsidy to Authorities) Order 1998

[F1 PART 3 E+W+S ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Textual Amendments

F1 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

Effect of delivering information by means of electronic communication E+W+S

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.

Proof of identify of sender or recipient of information E+W+S

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.

Proof of delivery of information E+W+S

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.

Proof of content of information E+W+S

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.]