- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5. After regulation 21 insert—
21A.—(1) The requirement in regulation 21 is satisfied in relation to an application or notice if the information comprising the application or notice is transmitted to the recipient by means of a relevant electronic facility.
(2) A plan or other document that accompanies an application or notice, and which is capable of being transmitted by means of a relevant electronic facility, may be transmitted to the recipient by means of that facility, together with the application or notice.
(3) Subject to paragraph (4) where information comprising an application or notice is transmitted by means of a relevant electronic facility the application or notice is to be taken as given at the time the information comprising it, and any accompanying plan or document, becomes accessible to the recipient by means of that facility.
(4) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.
21B.—(1) In the case of an application for review under section 51 or section 87, or of representations, the requirement in regulation 21 is satisfied if—
(a)the information comprising the application or representations is—
(i)transmitted by electronic means (other than a relevant electronic facility),
(ii)capable of being accessed by the recipient,
(iii)clear and legible in all material respects, and
(iv)capable of being—
(aa)read and reproduced in written form, and
(bb)used for subsequent reference
by the recipient;
the person to whom the application is to be given, or to whom the representations are to be made has agreed in advance to the use of electronic means for that purpose; and
forthwith on sending the information comprising the application or representations by electronic means the application is, or the representations are, given to the recipient in writing.
(2) Paragraph (1)(c) does not apply in respect of an application or representations if the recipient has agreed in advance that the application or representations need not be given in writing.
(3) A plan or other document that accompanies an application given or representations made pursuant to paragraph (1) may be given by electronic means, provided that the requirements of that paragraph are met in relation to the information contained in the plan or document.
(4) Subject to paragraph (5), where information comprising an application or representations (“the information”) is transmitted by electronic means pursuant to paragraph (1) the application is, or the representations are, to be taken as given at the time the requirements of paragraph (1)(a) and (b) are satisfied with respect to—
(a)the information, and
(b)any accompanying plan or document.
(5) But an application or notice that is required to be accompanied by a fee is not to be taken as given until the fee has been received by the recipient.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: