(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission. 

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8). 

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— 

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and 

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 

(9) This article does not exclude the employment of any method of service not expressly provided for by it. 

## Protection of interests 

44.  Schedule 16 (protective provisions) has effect. 

## No double recovery 

45.  Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law. 

## Arbitration 

46.  Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers. 

Signed by the Secretary of State 

4th February 2020 

Susan Anderson Head of the Transport and Works Act Orders Unit Department for Transport 

