Regulation 4 Use of electronic communication

(1)

Where the criteria in paragraph (2) are met—

(a)

any document or notice sent in relation to a proposal may be sent by electronic communication,

(b)

a document or notice sent electronically fulfils any requirement in these Regulations that a notice or document issued in connection with a proposal is to be in writing, and

(c)

an agreement in writing may be reached by an exchange of messages sent by electronic communication.

(2)

The criteria are—

(a)

the recipient consents either—

(i)

explicitly by nominating and, in the case of an assessor, publishing an address for the purposes of electronic communications, or

(ii)

implicitly by having used electronic communications in relation to the proposal, and

(b)

any notice, document or message sent by electronic communication—

(i)

is capable of being accessed by the recipient,

(ii)

makes the information it contains available to the recipient to no lesser extent than it would be if sent as a document in printed form, and

(iii)

is sufficiently permanent to be used for subsequent reference.