Section 41 Notice under section 38(2) or 40(2)(a): further provision

I1(1)

Notice under section 38(2) or 40(2)(a)—

(a)

may be—

(i)

delivered;

(ii)

posted;

(iii)

transmitted by electronic means;

(b)

if—

(i)

posted is presumed to be received on the 3rd day after the day of posting;

(ii)

transmitted by electronic means is presumed to be received on the day of transmission.

(2)

For the purposes of sections 38(2) and 40(2)(a), the manager of an establishment which is—

(a)

a health service hospital, is the Health Board responsible for the administration of the hospital;

I2(b)

a university or any other establishment, is the person or holder of such post as the Scottish Ministers may specify by order under this subsection.

(3)

In subsection (2)(a)—

“Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29);
“health service hospital” has the meaning given by section 108(1) of that Act.

Annotations

I1: S. 41(1)(2)(a)(3) in force at 1.9.2006 by S.S.I. 2006/251, art. 3
I2: S. 41(2)(b) in force at 1.9.2006 in so far as not already in force by S.S.I. 2006/251, arts. 2, 3, Sch.