6.—(1) A company may not send a copy of the strategic report with supplementary material to a person specified in regulation 4 unless the company has ascertained that the person does not wish to receive copies of its full accounts and reports, and paragraphs (2) and (3) apply for the ascertainment of whether or not such a person wishes to receive copies of the full accounts and reports for a financial year.
(2) Where a person specified in regulation 4 has expressly notified the company either that the person wishes to receive copies of the full accounts and reports or that the person wishes, instead of copies of those documents, to receive a copy of the strategic report with supplementary material, the company must send copies of the full accounts and reports or strategic report with supplementary material, as appropriate, to that person in respect of the financial years to which the notification applies.
(3) Where there has been no such express notification to the company by such a person, that person may be taken to have elected to receive a strategic report with supplementary material if the person fails to respond to an opportunity to elect to receive copies of the full accounts and reports given to the person either—
(a)by a consultation notice under regulation 7, or
(b)as part of a relevant consultation of that person’s wishes by the company under regulation 8.
(4) For the purposes of paragraph (2) a notification has effect in relation to a financial year if it relates to that year (whether or not it has been given at the invitation of the company) and if it has been received by the company not later than 28 days before the first date on which copies of the full accounts and reports for that year are sent to the persons specified in regulation 4 in accordance with section 423 of the 2006 Act.