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

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The Asset Transfer Request (Appeal Where No Contract Concluded) (Scotland) Regulations 2016

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5.—(1) The Asset Transfer Request (Appeal Where No Contract Concluded) (Scotland) Regulations 2016(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 5(1) (review panel)—

(a)after “83(6)” insert “of the Act”; and

(b)for “whom is” substitute “whom may be”.

(3) For regulation 18 (contact address) and the associated cross heading substitute—

Contact address

18.(1) In relation to an appeal or application 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 19, to which the community transfer body wishes any document relating to the appeal or application, as the case may be, to be sent.

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

(4) In regulation 19 (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 or application, as the case may be, 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);.

(5) In paragraph 4(2)(a) of the schedule (hearing session rules) omit “person”.

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