Electronic communications – general
38.—(1) In these Regulations, and in relation to the use of electronic communications for any purpose in these Regulations which is capable of being effected electronically—
(a)the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation will not be fulfilled unless the person on whom it is imposed provides a postal address; and
(b)references to applications, statements, notices, directions or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
(2) Paragraphs (3) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).
(3) The requirement is deemed to be fulfilled (except in a case referred to in paragraph (4)) where the notice or other document transmitted by means of the electronic communication is—
(a)capable of being accessed by the recipient;
(b)legible in all material respects; and
(c)sufficiently permanent to be used for subsequent reference.
(4) The cases are—
(a)serving any notice under regulation 17;
(b)any requirement under regulation 36 including submitting information to an EEA State; and
(c)any requirement under regulation 37 including submitting representations.
(5) In paragraph (3), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
(6) Where the electronic communication is received by the recipient—
(a)at any time before the end of a day which is a working day, it is deemed to have been received on that day;
(b)at any time during a day which is not working day, it is deemed to have been received on the next working day,
and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(1), a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.
(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” and cognate expressions are to be construed accordingly.
(8) Where electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement or document, any such requirement may be complied with by sending one copy only of the statement or other document in question.