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The Child Support (Management of Payments and Arrears) Regulations 2009

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Point in time view as at 26/05/2022.

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[F1PART 2E+W+SEvidential provisions

Proof of deliveryE+W+S

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 identityE+W+S

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 contentE+W+S

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

InterpretationE+W+S

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.]

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