149Electronic communicationsE+W
(1)If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.
(2)If the person required or authorised to give, send or serve the notice is [F1NHS England] or the [F2CMA]—
(a)the person to whom the notice is given or sent or on whom it is served must have indicated to [F1NHS England] or (as the case may be) [F3the CMA] the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
(b)the notice must be sent to or given or served at the address so provided.
(3)If the person required or authorised to give, send or serve the notice is not [F1NHS England] or the [F4CMA], the notice must be given, sent or served in such manner as [F1NHS England] may require.
(4)An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given, sent or served by [F1NHS England] or (as the case may be) the [F4CMA] under this Part or may be limited to notices of a particular description.
(5)[F1NHS England] must publish such requirements as it imposes under subsection (3).
Textual Amendments
F1Words in s. 149(2)-(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 91; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Word in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 149(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 136(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1S. 149 in force at 1.11.2012 by S.I. 2012/2657, art. 2(2)