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

Article 13

SCHEDULE 2 Amendment of The Town and Country Planning (Structure and Local Plans)(Scotland) Regulations 1983

1.  In paragraph (1) of regulation 2 (interpretation), after the definition of “duly made” insert–

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

2.  After regulation 2, insert–

“2A.— (1) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically–

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an 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 statements, forms, plans, notices, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form except in a case referred to in paragraph (4).

(2) Paragraphs (3) to (9) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).

(3) The requirement shall (except in a case referred to in paragraph (4)) be deemed to be fulfilled where the notice or other document transmitted by means of the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

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

(4) The cases are–

(a) submitting a certified copy of a structure plan under regulation 12;

(b) serving a certified copy of a notice under regulation 20;

(c) submitting certified copies of alterations of structure plans;

(d) serving a certified copy of a local plan under regulation 29; and

(e) serving a certificate or certified copy of a local plan under regulation 38(2).

(5) In paragraph (3), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by a 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.

(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” and cognate expressions are to be construed accordingly.

(8) Where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any notice, form, certificate, plan, representation or other document, or to copy such a document, any such requirement may be complied with by sending one copy only of the notice, form, certificate, plan, representation or other document, or copy thereof in question.

(9) In a case to which this paragraph applies, and except where a contrary intention appears, a person making a representation, objection 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 a request, notice, objection (as the case may be) which are capable of being carried out electronically;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the request, notice or objection; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in accordance with regulation 41A that the person wishes to revoke the agreement.”.

3.  After regulation 19 (notification of a decision) insert–

“Use of electronic communications

19A.— (1) Paragraph (2) applies where an electronic communication is used for the purpose of notification of a decision–

(a) under regulation 19; and

(b) under regulation 40 for notice of approval, modification or rejection of a local plan.

(2) Notification in writing of a decision and reasons for the purposes of regulation 19 or 40 shall be deemed to have been given to a person for the purposes of this regulation where–

(a) the Scottish Ministers and the person have agreed that the decision and reasons required under this regulation to be given in writing may instead be accessed by that person via a website;

(b) the decision and reasons are a decision and reasons to which that agreement applies;

(c) the Scottish Ministers have published the decision and reasons; and

(d) the person is notified, in a manner for the time being agreed between that person and the Scottish Ministers, of–

(i) the publication of the decision and reasons on a website;

(ii) the address of the website; and

(iii) the place on the website where the decision and reasons may be accessed, and how they may be accessed.”.

4.  After regulation 41 insert–

“Withdrawal of consent to use of electronic communications

41A.   Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Regulations, is capable of being carried out using such communications, that person shall give notice in writing–

(a) withdrawing any address notified to the Scottish Ministers or, as the case may be, to a planning authority for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Scottish Ministers or, as the case may be, with a planning authority for that purpose,

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.”.

5.  After regulation 45 insert–

“45A.— (1) Where a planning authority maintain a website for the purpose of allowing inspection of any statements forms, maps, plans or documents, any notice required under these Regulations shall (in addition to any other matters required to be contained in it) state the address of the website.”.

(1)

2000 c. 7.

(2)

1971 c. 80.