OpenLegislation

Regulation 12 Electronic communicationI1

Scotland

(1)

Where the criteria in paragraph (2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communication and any requirement in these Regulations that any document is to be in writing is fulfilled.

(2)

The criteria are—

(a)

the recipient consents, or is deemed to have agreed under paragraph (3) F1or (5A), to receive it electronically; and

(b)

that document transmitted by electronic communication is—

(i)

capable of being accessed by the recipient;

(ii)

legible in all material respects; and

(iii)

sufficiently permanent to be used for subsequent reference.

(3)

Any person sending a document using electronic communication is to be taken to have agreed—

(a)

to the use of such communication for all purposes relating to the asset transfer request which are capable of being carried out electronically; and

(b)

that the address for the purpose of such communication is the address incorporated into, or otherwise logically associated with, that communication.

(4)

Deemed agreement under paragraph (3) subsists until that person gives notice to revoke the agreement.

(5)

Notice of withdrawal of consent to the use of electronic communication or of revocation of agreement under paragraph (4) takes effect on the later of—

(a)

the date specified by the person in the notice; or

(b)

the expiry of the period of 5 working days beginning with the date on which the notice is given.

F2(5A)

Where the contact address includes an address (or addresses) for the purposes of electronic communication (“electronic communication contact address”) the community transfer body is taken to have agreed—

(a)

to the use of electronic communication for all purposes relating to the asset transfer request which are capable of being carried out electronically; and

(b)

that the address for the purposes of such communication is the electronic communication contact address.

(5B)

Where any document is sent to the community transfer body by electronic communication by virtue of this regulation, the address (or addresses) for the purpose of such communication—

(a)

where there is an electronic communication contact address, must be the electronic communication contact address; and

(b)

may, in addition, be any address which the community transfer body has agreed, or is deemed to have agreed under paragraph (3), may be used for the purpose of electronic communication.

(6)

In this regulation—

  • “address” includes any number or address used for the purpose of such communication or storage;

  • “document” includes any notice, consent, decision, representation, statement, list, report, form, plan, certificate or other information or communication;

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000f1 (general interpretation);

  • F3“electronic communication contact address” has the meaning given in paragraph (5A);

  • “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form; and

  • “sent” includes submitted or given and cognate expressions are to be construed accordingly.

Annotations

Textual amendments

F1

Words in reg. 12(2)(a) inserted (22.1.2017) by The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/411), regs. 1, 2(2)(a)

F2

Reg. 12(5A)(5B) inserted (22.1.2017) by The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/411), regs. 1, 2(2)(b)

F3

Words in reg. 12(6) inserted (22.1.2017) by The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/411), regs. 1, 2(2)(c)

Commencement

I1

Reg. 12 in force at 23.1.2017, see reg. 1

Footnotes

f1

2000 c.7 Section 15(1) was amended by the Communications Act 2003 (c.21), schedule 17, paragraph 158.