Citation, commencement, effect and interpretation

1. —(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 and shall come into force on 5th February 2007.

(2) Article 4(2) shall have effect from 1st April 2004.

(3) Articles 2(4)(b), 3 and 4(1) shall have effect from 1st April 2005.

(4) Article 4(3) shall have effect from 1st April 2006.

(5) In this Order, “the principal Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998( 5 ).

Amendment of Part II of the principal Order

2. —(1) Part II of the principal Order (claims for and payment of subsidy) shall be amended in accordance with the following paragraphs.

(2) In article 2 (interpretation of Parts II and IV) after the definition of “claim form”, insert—

“ “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ” ;

(3) After article 3 (conditions for payment of subsidy), insert—

“ Electronic communications

3A. —(1) The Secretary of State, an authority or auditor may use an electronic communication in connection with any claim, audit or payment of subsidy provided it is made in accordance with the provisions set out in Part 2 of Schedule 6.

(2) Any reference to an electronic communication in this Order means an electronic communication made in accordance with those provisions.

(3) Schedule 6 makes further provisions relating to electronic communications. ” .

(4) In article 4 (requirement of claim)—

(a) in paragraphs (2) and (4) after the words “on the form supplied by him to that authority”, insert “or by means of an electronic communication”;

(b) in paragraphs (2)(c) and (3) for “30th June” substitute “31st May”;

(c) in paragraph (3) before the words “The final claim”, insert “Except where an authority submits a claim by means of an electronic communication,”;

(d) omit paragraph (4A);

(e) in paragraph (4B) after the words “on such form as is supplied by him or them”, insert “or by means of an electronic communication”; and

(f) in paragraph (5) after the words “shall be signed”, insert “or submitted by means of an electronic communication”.

(5) In article 5 (requirement to keep records and provide information)—

(a) in sub-paragraph (1)(a) after “paragraph (2)”, insert “in written or electronic form”;

(b) in sub-paragraph (1)(b) after the words “produce records”, insert “in written or electronic form”; and

(c) in sub-paragraph (2)(a) for “full, accurate and properly calculated”, substitute “fairly stated and in accordance with the relevant articles of this Order”.

(6) In article 6 (requirement of audit)—

(a) in paragraph (1)(ia) after the words “is submitted to the Secretary of State”, insert “in written or electronic form”;

(b) in paragraph (2)(a) after the words “such information”, insert “in written or electronic form”;

(c) for sub-paragraph (b) of paragraph (2) and the words following that paragraph substitute—

“ (b) keep, and where asked to do so, produce records in written or electronic form with a bearing on its claim,

as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that that claim is fairly stated and in accordance with the relevant articles of this Order. ” ; and

(d) for paragraph (3) substitute—

“ (3) No final subsidy shall be paid until the authority’s auditor has certified on the claim for or by means of an electronic communication that the final claim is fairly stated and in accordance with the relevant articles of this Order. ” .

Amendment of Part III of the principal Order

3. —(1) Omit article 18(5)(a) of the principal Order (additions to subsidy).

(2) Omit article 23(2) of the principal Order (transitional provisions in relation to rent officer determinations).

Amendment of the Schedules to the principal Order

4. —(1) For Schedule 1 to the principal Order (sums to be used in the calculation of subsidy) substitute as Schedule 1 the Schedule set out in Schedule 1 to this Order.

(2) In Schedule 4 to the principal Order (high rents and rent allowances)—

(a) in paragraphs 7, 8(3), 9(2) to (5) and 11 of Part 2 (rent officers’ determinations); and

(b) in paragraph 15 of Part 3 (reckonable rent cases),

for “95 per cent”, substitute “100 per cent”.

(3) In Schedule 4A to the principal Order (rent rebate limitation deductions (housing revenue account dwellings))—

(a) in paragraph 2(4) (liability to deduction)—

(i) in step 1 and 2 for “service charges were imposed” substitute “rent was charged”; and

(ii) in step 4 for “new service charges were imposed” substitute “rent was charged”

(b) after paragraph 2(7), insert—

“ (8) For the purposes of calculating the total number of weeks for which rent is charged in sub-paragraphs (3) and (4) rent free periods shall be included. ” ;

(c) in the table in Part 3 (weekly rent limits for purposes of Part 2: authorities in England), in the entry relating to Dover for “£61.53”, substitute “£63.05”.

(4) After Schedule 4A to the principal Order insert as Schedule 6 the Schedule set out in Schedule 2 to this Order.

Article 3

SCHEDULE 1 SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL ORDER

Articles 12(1)(b)and 17(1) and (8)

“ SCHEDULE 1 SUMS TO BE USED IN THE CALCULATION OF SUBSIDY

Articles 4(4)

SCHEDULE 2 SCHEDULE TO BE INSERTED AS SCHEDULE 6 TO THE PRINCIPAL ORDER

Articles 3A

“ SCHEDULE 6 ELECTRONIC COMMUNICATIONS

PART 1 INTERPRETATION

Interpretation

1 In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.

PART 2 ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

Conditions for the use of electronic communications

2. —(1) An authority or auditor must use an approved method of—

(a) electronic communication;

(b) authenticating the identity of the sender of the communication;

(c) authenticating any claim or return delivered by means of an electronic communication; and

(d) submitting to the Secretary of State any claim or return.

(2) An authority or auditor must submit any claim or return by means of an electronic communication in an approved form.

(3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.

(4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.

Use of intermediaries

3 The Secretary of State may—

(a) use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and

(b) require authorities or auditors to use intermediaries in connection with those matters.

PART 3 ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communication

4 —(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—

(a) by or under this Schedule; and

(b) by or under Part II of this Order

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of information

5 For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.

Proof of delivery of information

6 —(1) For the purpose of any legal proceedings, it shall be presumed that—

(a) if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;

(b) if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;

(c) any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.

Proof of content of information

7 For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system. ”