The Gambling Act 2005 (Review of Premises Licences) (Scotland) Regulations 2007

Manner of making and giving of notices

11.—(1) A notice under regulation 3 or under section 200(3)(a) of the Act must be given in writing.

(2) For the purposes of paragraph (1), a notice which is sent by facsimile transmission or electronic mail shall be treated as given in writing if it meets the conditions in paragraph (3).

(3) The conditions are that–

(a) the text of the notice–

(i) is capable of being accessed by the recipient;

(ii) is legible in all material respects; and

(iii) is capable of being read and reproduced in written form and used for subsequent reference by the recipient; and

(b) the person to whom the notice is to be given has agreed in advance that a notice may be given by the particular electronic means used.

(4) Where a notice is sent by facsimile transmission or electronic mail, it is to be treated as having been given at the time the conditions specified in paragraph (3)(a) are satisfied.