PART 3 Electronic communications

10 Amendments to regulation 2
1 Regulation 2 (interpretation) of the 2004 Regulations is amended as follows.
2 In paragraph (2)—
(a) after the definition of “authorising authority” insert—

““electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;”

;
Section 15(1) was amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 (c. 21).
(b) in the definition of “send”—
(i) the words from “by” to the end become sub-paragraph (a);
(ii) after that sub-paragraph, insert “or” and the following sub-paragraph—

“(b) by electronic communication to such address as may for the time being be specified by the recipient for that purpose;”

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3 After paragraph (2), insert—

“3 In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—
(a) except in sub-paragraph (a) of the definition of “send” in paragraph (2), the expression “address” includes any number or address used for the purposes of such communications;
(b) references to representations, statements, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
4 Paragraphs (5) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give, send, return or supply any representations, statement, notice or other document to any other person (“the recipient”).
5 The requirement is to be taken to be fulfilled where the document transmitted by means of the electronic communication is—
(a) capable of being accessed by the recipient,
(b) legible in all material respects, and
(c) sufficiently permanent to be used for subsequent reference.
6 In paragraph (5), “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if given, sent, returned or supplied by means of a document in printed form.
7 A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (5), and “written” is to be construed accordingly.
8 Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day.”

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