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Pensions Act 2004

Service of notifications etc and electronic working

Sections 303, 304, 305: Service of notifications and other documents; Notification and documents in electronic form; Timing and location of things done electronically

1279.Section 303 makes general provision for the giving of any notification or the sending of documents authorised or required by this Act and in particular in relation to the manner in which such notifications or documents may be sent. Section 304 makes provision for the service of notifications and other documents in electronic form. Before any document or notification is transmitted electronically, the potential recipient must have indicated that he is willing to accept transmissions in the format in question.

1280.Subsection (2) provides that transmission by electronic and other similar means has effect for the purposes of the Act only if the conditions specified in the section are fulfilled. In particular subsections (3) and (5) specify that recipient must have indicated his willingness to receive the notification or document in question by such means.

1281.Subsections (1) and (2) of section 305 enable the Secretary of State by order to make provision about the time and location at which an electronic transmission is deemed to have taken place. Subsection (3) also enables the Secretary of State by order to make provision about the manner of proving for the purposes of legal proceedings certain matters relating to the use of electronic communications for the purposes of the Act and enactments made under it.

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