SCHEDULE 3COMMUNICATIONS BY A CIO

Implicit agreement of members to use of website10

1

This paragraph applies to a document or information to be sent or supplied by a CIO to a person in their capacity as a member of the CIO.

2

To the extent that—

a

the members of the CIO have resolved that the CIO may send or supply documents or information to members by making them available on a website; or

b

the CIO’s constitution contains provision to that effect,

a person in relation to whom the conditions in sub-paragraph (3) are met is treated as having agreed that documents or information may be sent or supplied to them in that manner.

3

The conditions are—

a

the person (“M”) has been asked individually by the CIO to agree that the CIO may send or supply documents or information generally, or the documents or information in question, to M by means of a website; and

b

the CIO has not received a response from M within the period of 28 days starting with the date on which the CIO’s request was sent.

4

M is not treated as having agreed if the CIO’s request—

a

did not state clearly what the effect of a failure to respond would be; or

b

was sent less than 12 months after a previous request made to M for the purpose of this paragraph in respect of the same or a similar class of documents or information.