The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022

Insertion of Schedule A1 into the 1992 Regulations

6.  Before Schedule 1, insert—

Regulation 1A

“SCHEDULE A1 Electronic Communications

PART 1 Use of Electronic Communications

Use of electronic communications

1.— (1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) giving consent;

(b) giving or sending of a document or notice;

(c) notifying a person;

(d) making an application other than an application under—

(i) paragraph (2)(a) of regulation 22 (appeals against deduction from earnings orders);

(ii) regulation 28 (application for a liability order);

(e) making representations;

(f) serving a notice or order, including a copy of that notice or order;

(g) setting out in writing.

Conditions for the use of electronic communications

2.   The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c) the electronic communication is—

(i) legible, and

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

Use of intermediaries

3.   The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

PART 2 Evidential provisions

Proof of delivery

4.— (1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

5.— (1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“P”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

6.   The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

7.   In this Schedule—

“agreed electronic address” means an electronic address agreed in accordance with paragraph 2(a);

“agreed electronic communication” means an electronic communication agreed in accordance with paragraph 2(a);

“agreed form” means the form agreed in accordance with paragraph 2(a);

“agreed purpose” means the purpose agreed in accordance with paragraph 2(a);

“official computer system” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.”.