Section 149 Electronic communicationsI1

England and Wales

(1)

If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.

(2)

If the person required or authorised to give, send or serve the notice is F1NHS England or the F2CMA—

(a)

the person to whom the notice is given or sent or on whom it is served must have indicated to NHS England or (as the case may be) F3the CMA the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and

(b)

the notice must be sent to or given or served at the address so provided.

(3)

If the person required or authorised to give, send or serve the notice is not NHS England or the F4CMA, the notice must be given, sent or served in such manner as NHS England may require.

(4)

An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given, sent or served by NHS England or (as the case may be) the CMA under this Part or may be limited to notices of a particular description.

(5)

NHS England must publish such requirements as it imposes under subsection (3).

Annotations

Textual amendments

F1: Words in s. 149(2)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 91; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2: Word in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: Words in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4: Words in s. 149(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1: S. 149 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)