The Local Audit (Smaller Authorities) Regulations 2015

PART 8 Miscellaneous

Requirements in relation to certain functions

24.—(1) A smaller authority may only exercise the functions in paragraph (2) by the members of the authority meeting as a whole.

(2) The functions are—

(a) deciding to become, or to cease to be, a full audit authority under regulation 8;

(b) deciding to self-certify as an exempt authority under regulation 9;

(c) deciding to reject an invitation under regulation 12;

(d) deciding to request to become an opted in authority under regulation 15.

Duty to provide information

25.  A smaller authority or local auditor appointed by the specified person must, so far as reasonably practicable, provide the specified person with such information that it may reasonably require for the purposes of exercising its functions under these Regulations.

Notices

26.  A notice or document that is required under these Regulations to be given to a person or authority must be in writing and may be served by—

(a) delivering it to that person’s or authority’s address;

(b) sending it by post to that person’s or authority’s address; or

(c) electronic service in accordance with regulation 27.

Electronic service

27.—(1) This regulation applies in respect of electronic service of a notice or document on a person or an authority (“the recipient”).

(2) Transmission of the notice or document to the recipient by means of an electronic communication has effect for the purposes of service of the notice or document on the recipient if, and only if, the conditions in paragraph (3) are met.

(3) The conditions are that—

(a) the recipient has stated a willingness to receive notices or documents by means of an electronic communication,

(b) the statement has not been withdrawn, and

(c) the notice or document was transmitted to an electronic address specified by the recipient.

(4) A statement may be limited to notices or documents of a specified description.

(5) A statement may require a notice or document to be in a specified electronic form.

(6) A statement may be modified or withdrawn—

(a) in a case where the statement was made by being published, by publishing the modification or withdrawal in the same or in a similar manner;

(b) in any other case, by giving a notice to the person to whom the statement was made.

(7) Where a notice or document is served on a recipient in accordance with this regulation, the notice or document is, unless the contrary is proved, to be deemed to have been given to that recipient at the time at which the electronic communication is transmitted.

(8) In this regulation—

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

“electronic communication” means an electronic communication within the meaning of section 15 of the Electronic Communications Act 2000 (general interpretation)(1);

“specified” means specified in a statement made for the purposes of paragraph (3)(a).

Modifications to the Act and other Acts

28.  The Schedule to these Regulations has effect.

(1)

2000 c. 7. The definition of “electronic communication” in section 15 was amended by Schedule 17 to the Communications Act 2003 (c. 21).