Regulation 34 NoticesI1

England and Wales

(1)

Any notices required to be given by these Regulations must be given in writing.

(2)

Notwithstanding the requirement in paragraph (1) and subject to F1paragraphs (3) and (4), that requirement shall be satisfied in a case where –

(a)

the text of the notice—

(i)

is transmitted by electronic means;

(ii)

is capable of being accessed by the recipient;

(iii)

is legible in all material respects; and

(iv)

is capable of being reproduced in written form and used for subsequent reference;

(b)

the person to whom the notice is to be given has agreed in advance that such a notice may be given to them by electronic means; and

(c)

forthwith on sending the text of the notice by electronic means, the notice is given to the recipient in writing.

(3)

Where the text of the notice is transmitted by electronic means, the giving of the notice shall be effected at the time the requirements of paragraph (2)(a) are satisfied.

F2(4)

Sub-paragraphs (b) and (c) of paragraph (2) do not apply to a notice given in relation to a hearing held under section 172B(1)(b) of the Licensing Act 2003.

Annotations

Textual amendments

F1: Words in reg. 34(2) substituted (1.10.2014) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2014 (S.I. 2014/2341), regs. 1, 2(2)(a)
F2: Reg. 34(4) added (1.10.2014) by The Licensing Act 2003 (Hearings) (Amendment) Regulations 2014 (S.I. 2014/2341), regs. 1, 2(2)(b)

Commencement

I1: Reg. 34 in force at 7.2.2005, see reg. 1