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"DOCUMENTS IN ELECTRONIC FORM
(1) A requirement of this Part—
(a) to send a copy of a remedial notice to a person, or
(b) to notify a person under section (Procedure for dealing with complaints) (4) of the reasons for the issue of a remedial notice,
is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.
(2) The delivery of any other document to a person (the "recipient") may be effected for the purposes of section (Service of documents) (2)(a)—
(a) by transmitting it electronically, or
(b) by making it available on a web-site,
but only if it is transmitted or made available in accordance with subsection (3) or (5).
(3) A document is transmitted electronically in accordance with this subsection if—
(a) the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and
(b) the document is a document to which that agreement applies and is transmitted to that address in that form.
(4) A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.
(5) A document is made available on a web-site in accordance with this subsection if—
(a) the recipient has agreed that documents may be delivered to him by being made available on a web-site;

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(b) the document is a document to which that agreement applies and is made available on a web-site;
(c) the recipient is notified, in a manner agreed by him, of—
(i) the presence of the document on the web-site;
(ii) the address of the web-site; and
(iii) the place on the web-site where the document may be accessed.
(6) A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).
(7) In this section—
"electronic address" includes any number or address used for the purposes of receiving electronic communications;
"electronic communication" means an electronic communication within the meaning of the Electronic Communications Act 2000 (c. 7) the processing of which on receipt is intended to produce writing;
"electronic communications network" means an electronic communications network within the meaning of the Communications Act 2003 (c. 21);
"electronically" means in the form of an electronic communication;
"working day" means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80)." After Clause 69, insert the following new clause—


"POWER TO MAKE FURTHER PROVISION ABOUT DOCUMENTS IN ELECTRONIC FORM
(1) Regulations may amend section (Documents in electronic form) by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section (Service of documents) (2)(a) may be effected by—
(a) transmitting the document electronically; or
(b) making the document available on a web-site.
(2) Regulations may also amend section (Documents in electronic form) by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.
(3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.
(4) The power to make such regulations shall be exercisable—
(a) in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and
(b) in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.
(5) In this section "electronically" has the meaning given in section (Documents in electronic form)." After Clause 69, insert the following new clause—


"INTERPRETATION
In this Part—
"the appeal authority" has the meaning given by section (Appeals against remedial notices and other decisions of relevant authorities) (7);
"complaint" shall be construed in accordance with section (Complaints to which this Part applies);

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"complainant" has the meaning given by section (Complaints to which this Part applies) (5);
"the compliance period" has the meaning given by section (Remedial notices) (6);
"domestic property" has the meaning given by section (Domestic property);
"high hedge" has the meaning given by section (High hedges);
"local authority", in relation to England, means—
(a) a district council;
(b) a county council for a county in which there are no districts;
(c) a London borough council; or
(d) the Common Council of the City of London;
and, in relation to Wales, means a county council or a county borough council;
"the neighbouring land" has the meaning given by section (Complaints to which this Part applies) (5);
"occupier", in relation to any land, means a person entitled to possession of the land by virtue of an estate or interest in it;
"the operative date" shall be construed in accordance with sections (Remedial notices) (5) and (Determination or withdrawal of appeals) (5) and (6);
"owner", in relation to any land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any person—
(a) is entitled to receive the rack rent of the land, or
(b) where the land is not let at a rack rent, would be so entitled if it were so let;
"preventative action" has the meaning given by section (Remedial notices) (9);
"the relevant authority" has the meaning given by section (Complaints to which this Part applies) (5);
"remedial notice" shall be construed in accordance with section (Remedial notices) (1);
"remedial action" has the meaning given by section (Remedial notices) (9)." After Clause 69, insert the following new clause—


"POWER TO AMEND SECTIONS (COMPLAINTS TO WHICH THIS PART APPLIES) AND (HIGH HEDGES)
(1) Regulations may do one or both of the following—
(a) amend section (Complaints to which this Part applies) for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and
(b) amend section (High hedges) (definition of "high hedge").
(2) The power to make such regulations shall be exercisable—
(a) in relation to complaints about hedges situated in England, by the Secretary of State; and
(b) in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.
(3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate." After Clause 69, insert the following new clause—


"CROWN APPLICATION
(1) This Part and any provision made under it bind the Crown.
(2) This section does not impose criminal liability on the Crown.
(3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown."

On Question, amendments agreed to.

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Clause 71 [Commencement]:

Baroness Scotland of Asthal moved Amendments Nos. 139 to 141:


    Page 53, line 20, leave out "subsection (2)" and insert "subsections (2) and (3)"


    Page 53, line 23, after "24(1)" insert "(Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction),"


    Page 53, line 27, at end insert—


"(3) Part 8A comes into force—
(a) in relation to complaints about hedges situated in England, in accordance with provision made by the Secretary of State by order;
(b) in relation to complaints about hedges situated in Wales, in accordance with provision made by the National Assembly for Wales by order."

On Question, amendments agreed to.

Clause 72 [Orders and regulations]:

Baroness Scotland of Asthal moved Amendments Nos. 142 to 145:


    Page 53, line 34, after "purposes" insert ", different cases"


    Page 53, line 37, after "provisions" insert "(including provisions applying, with or without modification, provision contained in an enactment)"


    Page 54, line 3, after "than" insert—


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