Article 12 Written and electronic communicationI1

Scotland

(1)

All notices and requests to which this Order applies shall be made or followed up in writing.

(2)

“Writing” in paragraph (1) shall include an electronic communication within the meaning of the Electronic Communications Act 2000^f1 which has been recorded and is consequently capable of being reproduced provided that–

(a)

any document of the type referred to in paragraph (1) shall only be sent to the Scottish Ministers by an electronic communication if the Scottish Ministers have represented that electronic communication is a means by whic h persons can send such a document to them; and

(b)

notifications required to be made by the Scottish Ministers to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in comm unicating with the Scottish Ministers for the purposes of this Order or has otherwise represented that the form of electronic communication to be used by the Scottish Ministers is a means by which the Scottish Ministers can communicate with them.

Annotations

Commencement

I1: Art. 12 in force at 1.7.2006, see art. 1(1)

Footnotes

f1: 2000 c. 7; the definition of “electronic communication” in section 15(1 ) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.