(1) A notice is sent by permitted electronic means for the purposes of section 18 F2... if—
(a)it is sent by an electronic form of communication which the Secretary of State has directed may be used for the purposes of [F3that section],
(b)it is sent to the electronic address which has been published pursuant to subsection (4), and
(c)subject to subsection (6), the electronic address has not been withdrawn in accordance with subsection (5).
(2) Before giving a direction under subsection (1)(a), the Secretary of State must consult—
(a)the Scottish Ministers,
(b)[F4the National Police Chiefs’ Council] ,
[F5(c)the chief constable of the Police Service of Scotland, and]
(d)such other persons as the Secretary of State is satisfied should be consulted.
(3) The Secretary of State must publish directions given under subsection (1)(a).
(4)A chief officer of police must publish at least one electronic address for each form of electronic communication specified in a direction under subsection (1)(a).
(5)A chief officer of police may withdraw an electronic address published under subsection (4) by publishing a statement to that effect in the same manner as that in which the electronic address was published under subsection (4); but a chief officer of police may exercise the power to withdraw only if, after the withdrawal, there will still be at least one electronic address available for the form of electronic communication concerned.
(6) Where an electronic address has been withdrawn under subsection (5), a notice sent to that electronic address before the end of the period of 28 days beginning with the day after the date of withdrawal is to be treated as complying with subsection (1)(b).]
Textual Amendments
F1S. 18B inserted (1.4.2011) by Firearms (Electronic Communications) Order 2011 (S.I. 2011/713), arts. 1(1), 3(4)
F2Words in s. 18B(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 61(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 18B(1)(a) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 61(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 18B(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(b); S.I. 2017/399, reg. 2, Sch. para. 41
F5S. 18B(2)(c) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 21