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

Regulation 2A

[F1 SCHEDULE 1 E+W+S Electronic Communications

Textual Amendments

F1 Sch. 1 inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 20

PART 1 E+W+S Use of Electronic Communications

Use of electronic communications E+W+S

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) disclosing information;

(b) giving consent or permission;

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

(d) informing or notifying a person;

(e) making an application;

(f) making representations;

(g) preparing an agreement;

(h) sending or serving an agreement or notice, including a copy of that agreement or notice.

Conditions for the use of electronic communications E+W+S

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 E+W+S

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

PART 2 E+W+S Evidential provisions

Proof of delivery E+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 identity E+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 content E+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.

Interpretation E+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.]

Regulation 14

SCHEDULE [F2 2] E+W+S Revocations

Textual Amendments

F2 Sch. 2: Sch. renumbered as Sch. 2 (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 19

Regulations revoked	References	Extent of revocation
Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992	S.I. 1992/1816	Regulations 2 to 7, 9, 10 and 11 to 17 M1 .
Child Support (Miscellaneous Amendments) Regulations 1993	S.I. 1993/913	Regulations 35 to 40.
Child Support and Income Support (Amendment) Regulations 1995	S.I. 1995/1045	Regulations 7 to 11.
Social Security and Child Support (Decisions and Appeals) Regulations 1999	S.I. 1999/991	Regulation 30A.
Child Support (Decisions and Appeals) (Amendment) Regulations 2000	S.I. 2000/3185	Regulation 10, insofar as it inserts regulation 15D in S.I. 1999/991 M2 . Regulation 12.
Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000	S.I. 2001/162	Regulation 5(3)(b), (c) and (e) and (4)(d).
Child Support (Miscellaneous Amendments) Regulations 2009	S.I. 2009/396	Regulations 3 and 4(15).

Marginal Citations

M1 Regulations 10(2) and (3) and 11 to 17 were revoked by regulation 14 of S.I. 2000/3185, but it has not come into force in relation to 1993 scheme cases as sections 16, 17 and 20 of the 1991 Act, as amended by the 2000 Act, have not come into force in relation to those cases (see regulation 1(1) of S.I. 2000/3185). Regulations 3, 4, 6 and 7 were omitted by regulation 5(3)(e) of S.I. 2001/162, but it has not come into force in relation to 1993 scheme cases as relevant provisions of the 2000 Act have not come into force in relation to those cases (see regulation 1(3) of S.I. 2001/162).

M2 Regulation 10 inserts regulation 15D into S.I. 1999/991, but it has not yet come into force in relation to 1993 scheme cases as sections 16, 17 and 20 of the 1991 Act, as amended by the 2000 Act, have not come into force in relation to those cases (see regulation 1(1) of S.I. 2000/3185). S.I. 2009/396 omits regulation 15D of the Decisions and Appeals Regulations in relation to those cases in relation to which that regulation has already come into force.