101Giving of notice

1

In Chapters 3 and 4, any reference to a notice being given to a person providing, or seeking to provide, a care service is to be construed as a reference to its being—

a

delivered, where the person is—

i

an individual, to that individual,

ii

a body corporate, to a director, secretary or other similar officer of that body or to a manager (or other similar officer) of the care service provided by that body, or

iii

a firm, to a partner of that firm,

b

sent by post, properly addressed to the person, in a registered letter or by the recorded delivery service, or

c

transmitted to the person electronically.

2

In subsection (1)(a)(ii), “manager”, in relation to a care service provided by a body corporate, means the manager whose name is entered in the register maintained under regulation 5 of the Social Care and Social Work Improvement Scotland (Registration) Regulations 2011 (S.S.I. 2011/28) in relation to the care service.

3

For the purpose of subsection (1)(b)—

a

a letter is properly addressed to—

i

a body corporate, if addressed to the body at its registered or principal office,

ii

a firm, if addressed to the firm at its principal office,

iii

any other person, if addressed to the person at the address last known,

b

a notice sent by post is to be taken to have been received on the third day after the day of posting unless the contrary is shown.

4

For the purpose of subsection (1)(c)—

a

electronic transmission of a notice must be effected in a way that the person has indicated to SCSWIS that the person is willing to receive the notice,

b

the person’s willingness to receive a notice in a particular way may be—

i

specific to the notice in question or generally applicable to notices or other documents of that kind,

ii

expressed specifically to SCSWIS or generally (for example on a website),

iii

inferred from the person having previously been willing to receive notices or other documents from SCSWIS in that way and not having indicated an unwillingness to do so again,

c

SCSWIS’ uploading of a notice to an electronic storage system from which the person is able to download the notice may constitute electronic transmission of the notice from SCSWIS to the person,

d

a notice transmitted electronically is to be taken to have been received on the day of transmission unless the contrary is shown.