PART 3Compliance
Service by electronic meansI115
1
This regulation applies where a notification or document authorised or required to be given or sent for the purposes of this Part is transmitted to a person (“the recipient”) by means of—
a
an electronic communications network; or
b
other electronic means.
2
The transmission has effect for the purposes of this Part as a delivery of the notification or other document to the recipient only if the requirements under this regulation are complied with.
3
Where the recipient is the Authority—
a
the Authority must have indicated their willingness to receive the notification or other document by means of an electronic communications network or other electronic means;
b
the transmission must be made in such manner, and satisfy such conditions, as the Authority may require; and
c
the notification or other document must take such form as the Authority may require.
4
Where the person making the transmission is the Authority, subject to paragraph (5) the Authority may determine—
a
the manner in which the transmission is made; and
b
the form in which the notification or other document is transmitted.
5
Where the recipient is a person other than the Authority—
a
the recipient; or
b
the person on whose behalf the recipient receives the notification or other document,
must have indicated a willingness to receive notifications or documents transmitted in the form and manner used.
6
An indication given to the Authority for the purposes of paragraph (5)—
a
must be given to the Authority in such manner as they may require;
b
may be a general indication or one that is limited to notifications or documents of a particular description;
c
must state the address to be used and must be accompanied by such other information as the Authority require for making the transmission; and
d
may be modified or withdrawn at any time by a notice given to the Authority in such manner as they may require.
7
An indication, requirement or determination given, imposed or made by the Authority for the purposes of this regulation is to be given, imposed or made by being published in such a manner as the Authority consider appropriate for bringing it to the attention of the persons who, in the Authority’s opinion, are likely to be affected by it.
8
In this regulation—
a
“notification” includes notice;
b
“electronic communications network” has the same meaning as in the Communications Act 200315.