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The Participation Request (Procedure) (Scotland) Regulations 2017

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Electronic communication

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12.—(1) Where the criteria in paragraph (2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communication and any requirement in these Regulations that any document is to be in writing is fulfilled.

(2) The criteria are—

(a)the recipient agrees, or is deemed to have agreed under paragraph (3) or (6), to receive it electronically; and

(b)the document transmitted by the electronic communication is—

(i)capable of being accessed by the recipient;

(ii)legible in all material respects; and

(iii)sufficiently permanent to be used for subsequent reference.

(3) Any person sending a document using electronic communication is to be taken to have agreed—

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

(b)that the address for the purpose of such communication is the address incorporated into, or otherwise logically associated with, that communication.

(4) Deemed agreement under paragraph (3) subsists until that person gives notice to revoke the agreement.

(5) Notice of withdrawal of consent to the use of electronic communication or of revocation of agreement under paragraph (4) takes effect on a date specified by the person in the notice, but not less than 5 working days beginning with the date on which the notice is given.

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

(a)to the use of electronic communication for all purposes relating to the participation request 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.

(7) Where any document is sent to the community participation 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 participation body has agreed, or is deemed to have agreed under paragraph (3), may be used for the purpose of electronic communication.

(8) In this regulation—

“address” includes any number or address used for the purpose of the communication or storage;

“document” includes any notice, consent, decision, representation, statement, list, report, form, plan, certificate or other information or communication;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(1) (general interpretation);

“electronic communication contact address” has the meaning given in paragraph (6);

“legible in all material respects” means that the information contained in the 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; and

“sent” includes submitted or given and cognate expressions are to be construed accordingly.

(1)

2000 c.7. Section 15 was amended by the Communications Act 2003 (c.21), schedule 17, paragraph 158.

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