Service of notices, etc.E+W
40.—(1) Any notice or other document that is required to be given, provided or sent to a person under these Regulations may be given, provided or sent—
(a)in a manner specified in section 109 of the Electricity Act 1989; or
(b)in a case where an address for correspondence using electronic communications is given by the person, by sending it using electronic communications to the person at that address, provided that the condition referred to in paragraph (2) is satisfied.
(2) The condition is that the notice or other document is—
(a)capable of being accessed by the person;
(b)legible in all material respects; and
(c)in a form sufficiently permanent to be used for subsequent reference.
(3) Paragraph (1)(b) does not apply if the person indicates that the person does not wish the notice or other document to be sent using electronic communications.
(4) In this regulation—
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 M1;
“legible in all material respects”, in relation to a notice or other document, means that the information contained in the notice or document is available to the person to whom it is sent to no lesser extent than it would be if given, provided or sent by means of a notice or document in printed form.
Marginal Citations
M12000 c.7. The definition of “electronic communication” is in section 15(1). The definition was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).