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14.—(1) The declaration must be made by electronic communications.
(2) A declaration by electronic communications shall be treated for the purposes of the Act as having been made, and received by the Commissioners, on the date on which it is recorded on an official computer system.
(3) Paragraph (1) does not apply if the Commissioners are satisfied that the person making the declaration—
(a)is prevented, by a court order, from sending information by electronic communications;
(b)holds beliefs which are incompatible with the use of electronic communications;
(c)is unable to send information by electronic communications by reason of—
(i)age;
(ii)disability;
(iii)inability to operate a computer effectively in a manner that cannot be remedied by the use of assisted digital support; or
(iv)living in a remote location so that it is not reasonably practicable to use electronic communications; or
(d)is prevented, for a continuous period of at least 7 days, by a technical failure affecting the Commissioners, from making a declaration.
(4) Where paragraph (3) applies, the declaration must be made to the Commissioners in the manner specified by the Commissioners.
(5) In this regulation—
(a)“assisted digital support” includes both advice and assistance on how to make a declaration by means of electronic communications and entering a person’s information into an electronic communications service on that person’s behalf;
(b)“electronic communications” includes any communications by means of an electronic communications service;
(c)“electronic communications service” has the meaning given by section 32 of the Communications Act 2003(1);
(d)“official computer system” means a computer system maintained by or on behalf of the Commissioners to send, store or process information.
2003 c. 21. Section 32 was amended by S.I 2011/1210.
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