The Non-Domestic Rating and Council Tax (Electronic Communications) (England) Order 2006

• Citation: S.I. 2006/237
• Sections: 6

Section 1 Citation, commencement and application

This Order, which applies to England only , may be cited as the Non-Domestic Rating and Council Tax (Electronic Communications) (England) Order 2006 and shall come into force on 1st March 2006.

Section 2 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989

The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended in accordance with articles 3 and 4.

Section 3 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989

In regulation 2(1) insert—

(a) after the definition of “the 1993 Act”—

“address” in relation to electronic communications includes any number or address used for the purposes of such communications;

(b) after the definition of “the amount payable”—

“business day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;

(c) after the definition of “demand notice”—

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;

by other means but while in an electronic form;

Section 4 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989

For regulation 3 substitute—

Service of notices

(3)

(1) Any notice required or authorised by these Regulations to be served on a person by the Secretary of State may be served—

(a) in the case of a body corporate, by addressing the notice or information to the secretary of the body and—

(i) delivering it to him,

(ii) leaving it at or by sending it by post to him at the registered or principal office of the body, or

(iii) sending it to him by electronic communication to such address as may be notified by him for that purpose; and

(b) in any other case, by—

(i) delivering the notice or information to the person,

(ii) leaving it at or sending it by post to him at his last place of abode or an address given by him at which service will be accepted, or

(iii) sending it to him by electronic communication to such an address as may be notified by him for that purpose.

(2) For the purpose of any legal proceedings, a notice given by the means described in paragraph (1)(a)(iii) or (b)(iii) shall, unless the contrary is proved, be treated as served on the second business day after it was sent.

(3) A person who has notified an address for the purpose of paragraph (1)(a)(iii) or (b)(iii) shall, by notice in writing to the Secretary of State, advise the Secretary of State of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the Secretary of State.

(4) A person who has notified an address for the purpose of paragraph (1)(a)(iii) or (b)(iii) may, by notice in writing to the Secretary of State, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the Secretary of State.

(5) Where a company registered outside the United Kingdom has an office in the United Kingdom, that office shall be treated for the purpose of paragraph (1)(a)(ii) as its principal office; and where it has more than one office in the United Kingdom its principal office in the United Kingdom shall be treated as its principal office for that purpose.

Section 5 Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989

The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended in regulation 1(2), by the substitution, for the definition of “electronic communication”, of—

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;

by other means but while in an electronic form;

Section 6 Amendment of the Council Tax (Administration and Enforcement) Regulations 1992

The Council Tax (Administration and Enforcement) Regulations 1992 are amended in regulation 1(2), by the substitution, for the definition of “electronic communication”, of—

“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

by means of an electronic communications network within the meaning of section 32(1) of the Communications Act 2003;

by other means but while in an electronic form;