Part 1Preliminary

Electronic communications

article 3 + 3.—(1) In this Order, and in relation to the use of electronic communications for any purpose of this Order which is capable of being carried out electronically—

article 3 1 a + (a)term address + the expression “address” includes any number or address used for the purpose of such communications, and

article 3 1 b + (b)references to applications, notices, documents, drawings, certificates or other documents, or to copies of such things, include references to such documents or copies of them in electronic form.

term the recipient + (2) Paragraphs (3) to (6) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any application, notice, other document or information to any other person (“the recipient”).

(3) A requirement is taken to be fulfilled where the application, notice or other document transmitted by the electronic communication is—

article 3 3 a + (a)capable of being accessed by the recipient,

article 3 3 b + (b)legible in all material respects, and

article 3 3 c + (c)sufficiently permanent to be used for subsequent reference.

term legible in all material respects + (4) In paragraph (3), “legible in all material respects” means that the information contained in the application, notice or 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.

(5) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day.

(6) A requirement in this Order that any application, notice or other document is in writing is fulfilled where the document satisfies the criteria in paragraph (3).