Part 9

General

Notices etc

The giving of notices, directions and other documents in electronic form
203
1
This section applies where—
a
section 202 authorises the giving of a notice, direction or other document by its delivery to a particular person (“the recipient”), and
b
the notice, direction or other document is transmitted to the recipient—
i
by means of an electronic communications network, or
ii
by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.
2
The transmission has effect for the purposes of this Act as a delivery of the notice, direction or other document to the recipient, but only if the requirements imposed by or under this section are complied with.
3
Where the recipient is the Board, the OLC or an ombudsman—
a
the recipient must have indicated its willingness to receive the notice, direction or other document in a manner mentioned in subsection (1)(b),
b
the transmission must be made in such manner, and satisfy such other conditions as the recipient may require, and
c
the notice, direction or other document must take such form as the recipient may require.
4
Where the person making the transmission is the Board, the OLC or an ombudsman, that person may (subject to subsection (5)) determine—
a
the manner in which the transmission is made, and
b
the form in which the notice, direction or other document is transmitted.
5
Where the recipient is a person other than the Board, the OLC or an ombudsman—
a
the recipient, or
b
the person on whose behalf the recipient receives the notice, direction or other document,
must have indicated to the person making the transmission the recipient's willingness to receive notices, directions or other documents transmitted in the form and manner used.
6
An indication to any person for the purposes of subsection (5)—
a
must be given to that person in such manner as that person may require;
b
may be a general indication or one that is limited to notices or documents of particular descriptions;
c
must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission;
d
may be modified or withdrawn at any time by a notice given to that person in such manner as that person may require.
7
An indication, requirement or determination given, imposed or made by the Board, the OLC or an ombudsman for the purposes of this section is to be given, imposed or made by being published by that person.
8
In this section “electronic communications network” has the same meaning as in the Communications Act 2003 (c. 21).