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12.—(1) An application, a notice under regulation 4 or a notice under section 200(3)(a) of the Act must be made or given in writing.
(2) For the purposes of paragraph (1), an application or notice which is sent by facsimile transmission or electronic mail shall be treated as being made or given in writing if it meets the conditions in paragraph (3).
(3) The conditions are that—
(a)the text of the application or notice—
(i)is capable of being accessed by the recipient,
(ii)is legible in all material respects, and
(iii)is capable of being read and reproduced in written form and used for subsequent reference by the recipient; and
(b)the person to whom the application or notice is to be made or given has agreed in advance that an application or notice may be made or given by the particular electronic means used.
(4) Subject to paragraph (5), where an application or notice is sent by facsimile transmission or electronic mail, it is to be treated as having been made or given at the time the conditions specified in paragraph (3)(a) are satisfied.
(5) Where—
(a)a person making an application specifies a document in the application as being a document which accompanies the application, and
(b)the document has been sent in a form that does not meet the conditions in paragraph (3),
the application is not to be treated as having been made until any such document has been received by the licensing authority in hard copy.
(6) In paragraph (5), any reference to a document in hard copy is to a written document or a document in the form of a plan.
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