The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

Service of notices or documents E+W+S

27.— [F1 (1) Notices or documents required or authorised to be served or sent under any of the provisions of these Rules may be effected by—

(a) sending by post;

(b) subject to paragraphs (2) to (5), sending by electronic transmission; or

(c) subject to compliance with the requirements in paragraph (6), publishing them on a website maintained by or on behalf of the applicant.]

(2) [F2 Subject to paragraph (2A) where a notice] or other document required to be served or sent for the purposes of these Rules is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice, or other document to be transmitted, has given his consent in writing to the use of electronic transmission.

[F3 (2A) No consent is required for the purposes of paragraph (2) in the case of a notice or other document required to be served on or sent to the Secretary of State or a body or person mentioned in rules 13(1) to (4), 17(4) or 25.]

(3) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or other document, the sender shall provide such a copy as soon as is reasonably practicable.

(4) A person may revoke his consent to the use of electronic transmission in accordance with paragraph (5).

(5) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of these Rules he shall—

(a) give notice in writing revoking any consent given by him for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.

[F4 (6) The requirements referred to in paragraph (1)(c) are that the person upon whom the notice or other document is being served or sent is notified in writing of—

(a) the publication of the relevant document on a website;

(b) the address of the website;

(c) the place on the website where the document may be accessed and how it may be accessed;

(d) details of where and when copies of documents may be inspected or viewed in an electronic form;

(e) details of where and when copies of documents may be obtained; and

(f) any charge that will be levied for copies made of any document available for inspection or viewing.

(7) In this rule, “served or sent” includes “submitted” or “provided”.]

Textual Amendments

F1 Rule 27(1) substituted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(4)(a) (with rule 1(5))

F2 Words in rule 27(2) substituted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(4)(b) (with rule 1(5))

F3 Rule 27(2A) inserted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(4)(c) (with rule 1(5))

F4 Rule 27(6)(7) inserted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(4)(d) (with rule 1(5))