The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016

The Asset Transfer Request (Appeals) (Scotland) Regulations 2016

This section has no associated Policy Notes

4.—(1) The Asset Transfer Request (Appeals) (Scotland) Regulations 2016(1) are amended in accordance with paragraphs (2) and (3).

(2) For regulation 16 (contact address) and the associated cross heading substitute—

Contact address

16.(1) In relation to an appeal to which these Regulations apply, the “contact address” is the address (or addresses), including any address (or addresses) for the purposes of electronic communication within the meaning of regulation 17, to which the community transfer body wishes any document relating to the appeal to be sent.

(2) The contact address is the address (or addresses) included in the notice of appeal unless the community transfer body subsequently expressly informs the Scottish Ministers of a change to the contact address..

(3) In regulation 17 (electronic communication)—

(a)in paragraph (2)(a) after “(3)” insert “or (5A)”;

(b)after paragraph (5) insert—

(5A) Where the contact address includes an address (or addresses) for the purposes of electronic communication (“electronic communication contact address”) the community transfer body is taken to have agreed—

(a)to the use of electronic communication for all purposes relating to the appeal which are capable of being carried out electronically; and

(b)that the address for the purposes of such communication is the electronic communication contact address.

(5B) Where any document is sent to the community transfer body by electronic communication by virtue of this regulation, the address (or addresses) for the purpose of such communication—

(a)where there is an electronic communication contact address, must be the electronic communication contact address; and

(b)may, in addition, be any address which the community transfer body has agreed, or is deemed to have agreed under paragraph (3), may be used for the purpose of electronic communication.; and

(c)in paragraph (6) after the definition of “electronic communication” insert—

“electronic communication contact address” has the meaning given in paragraph (5A);.