The Insolvency (England and Wales) Rules 2016

Use of website by office-holder to deliver a particular document (sections 246B and 379B)

This section has no associated Explanatory Memorandum

1.49.—(1) This rule applies for the purposes of sections 246B and 379B(3) (use of websites).

(2) An office-holder who is required to deliver a document to any person may (except where personal delivery is required) satisfy that requirement by delivering a notice to that person which contains—

(a)a statement that the document is available for viewing and downloading on a website;

(b)the website’s address and any password necessary to view and download the document; and

(c)a statement that the person to whom the notice is delivered may request a hard copy of the document with a telephone number, email address and postal address which may be used to make that request.

(3) An office-holder who receives such a request must deliver a hard copy of the document to the recipient free of charge within five business days of receipt of the request.

(4) A document to which a notice under paragraph (2) relates must—

(a)remain available on the website for the period required by rule 1.51; and

(b)be in a format that enables it to be downloaded within a reasonable time of an electronic request being made for it to be downloaded.

(5) A document which is delivered to a person by means of a website in accordance with this rule, is deemed to have been delivered—

(a)when the document is first made available on the website; or

(b)when the notice under paragraph (2) is delivered to that person, if that is later.

(1)

Section 246C was inserted by section 124(3) of the Small Business, Enterprise and Employment Act 2015 (c.26) and section 248A was inserted by section 124(4) of the same Act.

(2)

Section 379C was inserted by section 125(3) of the Small Business, Enterprise and Employment Act 2015 and section 383(A) was inserted by section 125(4) of the same Act.

(3)

Sections 246B and 379B were inserted by S.I. 2010/18.