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The Building Societies Act 1986 (Electronic Communications) Order 2003

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Interpretation of the 1986 Act

9.—(1) Subsection (1) of section 119 of the 1986 Act (Interpretation) is amended as follows.

(2) Insert the following definitions at the appropriate places—

“ballot” means an electronic ballot or a postal ballot, as the case may be;;

“electronic address” includes any number or address used for the purposes of receiving electronic communications which are sent electronically;;

“electronic ballot”, in relation to an election or resolution of a building society, means the electronic ballot taking place, in accordance with paragraph 33A of Schedule 2 to this Act, in the case of the election or resolution;;

“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;;

“postal ballot”, in relation to an election or resolution of a building society, means any postal ballot taking place by virtue of any rules of the society made in accordance with paragraph 33 of Schedule 2 to this Act, in the case of the election or resolution;.

(3) For the definition of “notice” substitute—

“notice” means written notice but includes a notice in an electronic communication to the extent only that this Act provides for the manner in which the notice may be given electronically, and “notice to” and “notify” shall be construed accordingly;.

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