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Supplementary provisions
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15 Orders
and regulations
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(1) Every
power conferred by this Act on the Secretary of State or on the National
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Assembly for Wales to make an order
or regulations shall be exercisable by
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statutory instrument.
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(2) A
statutory instrument containing regulations made by the Secretary of State
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under this Act (other than regulations
under section 18
or 20)
shall be subject
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to annulment in pursuance of a resolution
of either House of Parliament.
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(3) No
regulations under section 18
or 20
shall be made by the Secretary of State
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(whether alone or with other provisions)
unless a draft of the statutory
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instrument containing the regulations
has been laid before, and approved by a
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resolution of, each House of Parliament.
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(4) Any
order or regulations under this Act may—
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(a) contain
such consequential, incidental, supplementary or transitional
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provisions or savings as the person
making the order or regulations
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considers appropriate; and
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(b) make
different provision for different cases.
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(5) Provision
made by virtue of subsection (4)(a) may, in particular, include
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provision applying (with or without
modifications) provision contained in an
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enactment.
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16 Service
of documents
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(1) A
notification or other document required to be given or sent to a person
by
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virtue of this Act shall be taken to
be duly given or sent to him if served in
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accordance with the following provisions
of this section.
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(2) Such
a document may be served—
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(a) by
delivering it to the person in question;
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(b) by
leaving it at his proper address; or
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(c) by
sending it by post to him at that address.
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(3) Such
a document may—
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(a) in
the case of a body corporate, be served on the secretary or clerk of
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that body;
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(b) in
the case of a partnership, be served on a partner or a person having
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the control or management of the partnership
business.
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(4) For
the purposes of this section and of section 7 of the Interpretation Act
1978
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(c. 30) (service of documents
by post) in its application to this section, a
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person’s proper address shall
be his last known address, except that—
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(a) in
the case of a body corporate or their secretary or clerk, it shall be
the
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address of the registered or principal
office of that body; and
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(b) in
the case of a partnership or person having the control or the
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management of the partnership business,
it shall be the principal office
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of the partnership.
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(5) For
the purposes of subsection (4) the principal office of—
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(a) a
company registered outside the United Kingdom, or
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(b) a
partnership carrying on business outside the United Kingdom,
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shall
be their principal office within the United Kingdom.
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(6) If
a person has specified an address in the United Kingdom other than his
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proper address within the meaning of
subsection (4) as the one at which he or
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someone on his behalf will accept documents
of a particular description, that
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address shall also be treated for the
purposes of this section and section 7 of the
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Interpretation Act 1978 (c. 30)
as his proper address in connection with the
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service on him of a document of that
description.
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(7) Where—
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(a) by
virtue of this Act a document is required to be given or sent to a
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person who is an owner or occupier of
any land, and
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(b) the
name or address of that person cannot be ascertained after
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reasonable inquiry,
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the
document may be served either by leaving it in the hands of a person who
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is or appears to be resident or employed
on the land or by leaving it
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conspicuously affixed to some building
or object on the land.
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17 Documents
in electronic form
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(1) A
requirement of this Act—
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(a) to
send a copy of a remedial notice to a person, or
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(b) to
notify a person under section 4(4)
of the reasons for the issue of a
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remedial notice,
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is
not capable of being satisfied by transmitting the copy or notification
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electronically or by making it available
on a web-site.
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(2) The
delivery of any other document to a person (the “recipient”)
may be
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effected for the purposes of section
16(2)(a)—
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(a) by
transmitting it electronically, or
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(b) by
making it available on a web-site,
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but
only if it is transmitted or made available in accordance with subsection
(3)
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or (5).
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(3) A
document is transmitted electronically in accordance with this subsection
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if—
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(a) the
recipient has agreed that documents may be delivered to him by
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being transmitted to an electronic address
and in an electronic form
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specified by him for that purpose; and
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(b) the
document is a document to which that agreement applies and is
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transmitted to that address in that
form.
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(4) A
document which is transmitted in accordance with subsection (3) by means
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of an electronic communications network
shall, unless the contrary is proved,
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be treated as having been delivered
at 9 a.m. on the working day immediately
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following the day on which it is transmitted.
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(5) A
document is made available on a web-site in accordance with this subsection
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if—
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(a) the
recipient has agreed that documents may be delivered to him by
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being made available on a web-site;
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(b) the
document is a document to which that agreement applies and is
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made available on a web-site;
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(c) the
recipient is notified, in a manner agreed by him, of—
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(i) the
presence of the document on the web-site;
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(ii) the
address of the web-site; and
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(iii) the
place on the web-site where the document may be accessed.
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(6) A
document made available on a web-site in accordance with subsection (5)
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shall, unless the contrary is proved,
be treated as having been delivered at 9
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a.m. on the working day immediately
following the day on which the recipient
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is notified in accordance with subsection
(5)(c).
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(7) In
this section—
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“electronic
address” includes any number or address used for the
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purposes
of receiving electronic communications;
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“electronic
communication” means an electronic communication within
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the
meaning of the Electronic Communications Act 2000 (c. 7) the
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processing
of which on receipt is intended to produce writing;
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“electronic
communications network” means an electronic
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communications
network within the meaning of the Communications
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Act
2003 ;
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“electronically”
means in the form of an electronic communication;
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“working
day” means a day which is not a Saturday or a Sunday,
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Christmas
Day, Good Friday or a bank holiday in England and Wales
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under
the Banking and Financial Dealings Act 1971 (c. 80).
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18 Power
to make further provision about documents in electronic form
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(1) Regulations
may amend section 17
by modifying the circumstances in which,
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and the conditions subject to which,
the delivery of a document for the
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purposes of section 16(2)(a)
may be effected by—
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(a) transmitting
the document electronically; or
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(b) making
the document available on a web-site.
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(2) Regulations
may also amend section 17
by modifying the day on which and the
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time at which documents which are transmitted
electronically or made
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available on a web-site in accordance
with that section are to be treated as
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having been delivered.
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(3) Regulations
under this section may make such consequential amendments of
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this Act as the person making the regulations
considers appropriate.
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(4) The
power to make such regulations shall be exercisable—
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(a) in
relation to documents relating to complaints about hedges situated
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in England, by the Secretary of State;
and
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(b) in
relation to documents relating to complaints about hedges situated
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in Wales, by the National Assembly for
Wales.
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(5) In
this section “electronically” has the meaning given in section
17.
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19 Interpretation
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In this Act—
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“the
appeal authority” has the meaning given by section 7(7);
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“complaint”
shall be construed in accordance with section 1;
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“complainant”
has the meaning given by section 1(5);
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“the
compliance period” has the meaning given by section 5(6);
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“domestic
property” has the meaning given by section 3;
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“high
hedge” has the meaning given by section 2;
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“local
authority”, in relation to England, means—
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(a) a
district council,
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(b) a
county council for a county in which there are no districts,
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(c) a
London borough council, or
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(d) the
Common Council of the City of London;
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and,
in relation to Wales, means a county council or a county borough
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council;
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“the
neighbouring land” has the meaning given by section 1(5);
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“occupier”,
in relation to any land, means a person entitled to possession
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of the land
by virtue of an estate or interest in it;
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“the
operative date” shall be construed in accordance with sections 5(5)
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and 9(5)
and (6);
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“owner”,
in relation to any land, means a person (other than a mortgagee
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not in possession)
who, whether in his own right or as trustee for any
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person—
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(a) is
entitled to receive the rack rent of the land, or
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(b) where
the land is not let at a rack rent, would be so entitled if it
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were so let;
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“preventative
action” has the meaning given by section 5(9)
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“the
relevant authority” has the meaning given by section 1(5);
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“remedial
notice” shall be construed in accordance with section 5(1);
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“remedial
action” has the meaning given by section 5(9).
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20 Power
to amend sections 1
and 2
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(1) Regulations
may do one or both of the following—
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(a) amend
section 1
for the purpose of extending the scope of complaints
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relating to high hedges to which this
Act applies; and
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(b) amend
section 2
(definition of “high hedge”).
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(2) The
power to make such regulations shall be exercisable—
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(a) in
relation to complaints about hedges situated in England, by the
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Secretary of State; and
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(b) in
relation to complaints about hedges situated in Wales, by the
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National Assembly for Wales.
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(3) Regulations
under this section may make such consequential amendments of
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this Act as the person making the regulations
considers appropriate.
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21 Financial
provisions
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There
shall be paid out of money provided by Parliament—
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(a) any
expenses incurred by the Secretary of State in consequence of this Act;
and
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(b) any
increase attributable to this Act in the sums payable out of money so
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provided
by virtue of any other Act.
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22 Crown
application
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(1) This
Act and any provision made under it bind the Crown.
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(2) This
section does not impose criminal liability on the Crown.
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(3) Subsection
(2) does not affect the criminal liability of persons in the service of
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the Crown.
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23 Short
title, commencement and extent
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(1) This
Act may be cited as the High Hedges Act 2003.
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(2) This
Act (except this section) shall come into force—
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(a) in
relation to complaints about hedges situated in England, on such day
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as the Secretary of State may appoint
by order, and
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(b) in
relation to complaints about hedges situated in Wales, on such day
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as the National Assembly for Wales may
appoint by order,
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and
different days may be so appointed for different purposes.
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(3) This
Act extends to England and Wales only.
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