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

Article 18

SCHEDULE 7 Amendment of The Town and Country Planning (General Development Procedure) (Scotland) (Order) 1992

1.  In paragraph (2) of article 2 (interpretation)–

(a) after the definition of “district fishery board”, insert–

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

(b) for the definition of “local advertisement”, substitute–

• ““local advertisement means–

  (a)

  the publication of a notice in a local newspaper circulating in the locality in which the land to which the application relates is situated; and

  (b)

  where the planning authority maintain a website for the purpose of advertisement of applications, by publication of the notice on the website;”.

2.  At the end of article 2, insert–

“(4) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically–

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any 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 documents, forms, maps, plans, drawings, certificates or other documents, includes references to such documents or copies of them in electronic form.

(5) Paragraphs (6) to (10) apply where an electronic communication is used by a person for the following purposes–

(a) fulfilling any requirement in this Order to give or send any application, notice or other document to any other person; or

(b) lodging an application, certificate or other document under article 14(3) with an authority mentioned in that article,

and in those paragraphs, “the recipient” means the person mentioned in sub-paragraph (a) of this paragraph, or the authority mentioned in sub-paragraph (b), as the case may be.

(6) The requirement shall be deemed to be fulfilled where the notice, form, plan or other document is transmitted by the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

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

(7) In paragraph (6) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(8) 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.

(9) A requirement in this Order that any application, notice, form or other document should be in writing is fulfilled where the document meets the criteria in paragraph (6) and “written” and cognate expressions are to be construed accordingly.

(10) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, or giving or serving a notice or document using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to an application, notice, or document, 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 application, notice or document; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in accordance with article 2A that the person wishes to revoke the agreement.”.

3.  After article 2 insert–

“Withdrawal of consent to use electronic communications

2A.   Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, that person shall give notice in writing–

(a) withdrawing any address notified to the Scottish Ministers or 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 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.”.

4.  In article 23 (appeals), at the end insert–

“(7) The Scottish Ministers may provide, or arrange provision of, a website for use for such purposes as they think fit which–

(a) relate to appeals under section 47 of the 1997 Act; and

(b) are capable of being carried out electronically.

(8) Where a person gives notice of the appeal to the Scottish Ministers using electronic communications, the person shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to the appeal 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 appellant’s notice of appeal; and

(c) that the appellant’s deemed agreement under this paragraph shall subsist until the appellant gives notice in accordance with article 2A that the appellant wishes to revoke the agreement.”.

5.  In Schedule 5 to the Order (register of applications) at the end insert–

“7.   Where the register kept by a planning authority under this article is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.”.

(1)

2000 c. 7.

(2)

1971 c. 80.