PART VIIMISCELLANEOUS

Written and electronic communicationI126

1

All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

2

“Writing” in paragraph (1) includes an electronic communication as defined in the Electronic Communications Act 200024, which has been recorded and is consequently capable of being reproduced, provided that–

a

any document of the type referred to in paragraph (1) shall only be sent to the Scottish Ministers by an electronic communication if the Scottish Ministers have represented that electronic communication is a means by which persons can send such a document to them; and

b

notifications required to be sent by the Scottish Ministers to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the Scottish Ministers for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Scottish Ministers can communicate with them.