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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
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(1)This section applies if the notice required by section 45(3)(b) or (4) is transmitted to the person to whom it is required to be given (“the recipient”)—
(a)by means of an electronic communications network (within the meaning given by section 32 of the Communications Act 2003 (c. 21)), or
(b)by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
(2)The transmission has effect as a delivery of the notice to the recipient only if he has indicated to the fire and rescue authority on whose behalf the transmission is made his willingness to receive a notice under section 45 transmitted in the form and manner used.
(3)An indication to a fire and rescue authority for the purposes of subsection (2)—
(a)must be given to the authority in any manner it requires;
(b)may be a general indication or one that is limited to notices of a particular description;
(c)must state the address to be used and must be accompanied by any other information which the authority requires for the making of the transmission;
(d)may be modified or withdrawn at any time by a notice given to the authority in any manner it requires.
(4)If the making of the transmission has been recorded in the computer system of the fire and rescue authority on whose behalf it is made, it must be presumed, unless the contrary is proved, that the transmission—
(a)was made to the person recorded in that system as receiving it;
(b)was made at the time recorded in that system as the time of delivery;
(c)contained the information recorded on that system in respect of it.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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