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21. (1) In any case where notice may be or is required to be given to or served on any person by these Regulations, that notice may be given or served—
(a)in a manner set out in regulation 4 of the Civil Aviation Authority Regulations 1991(1); or
(i)an address for service using electronic communications has been given by that person and not withdrawn in accordance with paragraph (5); and
(ii)that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that paragraph,
by using electronic communications to send the document in that form to that person at that address.
(2) A document given to or served on a person in accordance with paragraph (1)(b) must be in a form sufficiently permanent to be used for subsequent reference.
(3) Where a document is given to or served on a person in accordance with paragraph (1)(b), the document shall be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted unless—
(a)the contrary is proved; or
(b)paragraph (4) applies.
(4) If the time at which an electronic communication is transmitted to a person is not a time at which that person’s principal place of business in the country in which the addressee is situated is normally open for business, the document shall be deemed to have been given or served on that person on the next day on which that person’s principal place of business in the country in which the addressee is situated is normally open for business.
(5) A person who has supplied an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with paragraph (1)(b) may give notice withdrawing that address or that agreement or both.
(6) A withdrawal under paragraph (5) shall take effect on the later of—
(a)the date specified by the person in the notice; and
(b)the date which is fourteen days after the date on which the notice is given.
(7) `This regulation shall not apply to any document in relation to the service of which provision is made by the rules of the court.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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