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9.—(1) Any notification, notice or document (including a record) required to be given, sent or made under these Rules must be in writing.
(2) Any notification, notice or document required or authorised by these Rules to be given or sent to any person (“the recipient”) may be given to or sent—
(a)by delivering it to the recipient;
(b)by leaving it at the recipient’s last known address;
(c)by sending it by post to the recipient at that address; or
(d)by transmitting it by means of an electronic communication, providing that the conditions in paragraph (2) are met.
(3) The conditions are that—
(a)the recipient has stated a willingness to receive the document by means of an electronic communication;
(b)the statement has not been withdrawn; and
(c)the document was transmitted to an electronic address specified by the recipient.
(4) A statement may be—
(a)limited to documents of a specified description;
(b)require a document to be in a specified electronic form;
(c)modified or withdrawn—
(i)in a case where the statement was made by being published, by publishing the modification or withdrawal in the same or in a similar manner;
(ii)in any other case, by giving a notice to the person to whom the statement was made.
(5) In this rule—
“electronic address” includes any number or address used for the purposes of receiving electronic communications;
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000(1);
“specified” means specified in a statement made for the purposes of paragraph (2)(a).”
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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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