ELECTRONIC COMMUNICATIONS Citation, commencement and extent 1 1 This Order may be cited as the Electronic Communications (Scotland) Order 2006 and comes into force on the day after the day on which it is made. 2 This Order extends to Scotland only. Animals Amendment to the Zoo Licensing Act 1981 2 After section 19A (directions) of the Zoo Licensing Act 1981 , insert– Electronic communications 19B 1 Subject to subsection (2), any reference in this Act to any document, notice, notification or statement in writing shall include a reference to that document, notice, notification or statement being an electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. 2 Any notice which a local authority requires to send may be given to or served on a person by such an electronic communication only if– a the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address; and b the communication is sent to the number or address in question. 3 In any legal proceedings, an electronic communication sent to any person under this Act shall, unless the contrary is proven, be regarded as having been received by that person on the second working day after the day on which it was sent. 4 In subsection (3), “working day” means a day which is not– a a Saturday; b a Sunday; c Christmas Eve; d a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) ; e a day appointed for public thanksgiving or mourning; or f a day which is a local or public holiday in the area in which the electronic communication is to be sent. . Amendments to the Deer (Scotland) Act 1996 3 1 The Deer (Scotland) Act 1996 is amended in accordance with paragraphs (2) to (8). 2 After section 10(4) (emergency measures to prevent damage by deer), insert– 4A For the purposes of subsections (2) and (4) above, a request or authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. 4B Any request to a person under subsection (2) above may be made by such an electronic communication only if– a the person consents in writing to the receipt of a request of the kind in question from the sender by electronic communication sent to a specified number or address, and b the communication is sent to the number or address in question. . 3 In section 15 (power to enter on land)– a after subsection (2), insert– 2A For the purposes of subsections (1) and (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. ; b in subsection (4), after “written document” insert– , or a copy of a record of authority in terms of subsection (2A) above, . 4 In section 16 (service of notices)– a in subsection (1), after “post” insert– or, where subsection (1A) below applies, sent to him at a specified number or address ; b after subsection (1) insert– 1A Any notice for the purposes of sections 10(7) and (8), 15(2)(a) and 40(1) of this Act, may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. 1B Any notice to which subsection (1A) above applies may be given to or served on a person by such an electronic communication only if– a the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and b the communication is sent to the number or address in question. . 5 After section 26(2) (right of occupier in respect of deer causing serious damage to crops etc. on certain ground), insert– 2A For the purposes of subsection (2)(d) above, an approval may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. . 6 In section 34 (records kept by venison dealers)– a after subsection (2), insert– 2A For the purposes of subsection (2) above, an authority may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. . b in subsection (3), after “written authority” insert– , or a copy of a record of authority in terms of subsection (2A) above, . 7 After section 37(2) (restrictions on granting of certain authorisations), insert– 2A For the purposes of subsection (2) above, an authorisation may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. . 8 After section 40(2) (power of Commission to require return of number of deer killed), insert– 2A For the purposes of subsection (2) above, a notice may be by electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. 2B A notice may be served on a person by such an electronic communication only if– a the person consents in writing to the receipt of a notice of the kind in question from the sender by electronic communication sent to a specified number or address, and b the communication is sent to the number or address in question. . Education Amendment to the Education (Scotland) Act 1980 4 After section 28K (information as to pupils) of the Education (Scotland) Act 1980 , insert– Use of electronic communications 28L 1 This section applies for the purposes of doing anything in writing under– a section 28A(1) or (4) ; b section 28E(3) or (5); c section 28H(3); or d regulations made under section 28A(5), 28D(3) or 28H(5), of this Act. 2 Subject to subsection (3) below, any request, information, notification or other thing which must be in writing may be done by means of a document– i transmitted by electronic means; ii received in legible form; and iii capable of being used for subsequent reference. 3 An education authority shall be bound to accept receipt of a request made under section 28A(1) of this Act by way of electronic communication only if that authority– a has passed a resolution to accept receipt of requests so transmitted; and b has, under section 28B(1)(a) of this Act, published or otherwise made that resolution available. . Amendment to the Education (Student Loans) (Scotland) Regulations 2000 5 In regulation 6(11) (applications for loans) of the Education (Student Loans) (Scotland) Regulations 2000 , omit “signed”. Water Amendment to the Water (Fluoridation) Act 1985 6 After section 1(2) (fluoridation of water supplies at request of health authorities) of the Water (Fluoridation) Act 1985 , insert– 2A An application or the withdrawal of it may be made or done by electronic communication (within the meaning of section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. . Gaelic Language Amendment to the Gaelic Language (Scotland) Act 2005 7 After section 10(1) (interpretation) of the Gaelic Language (Scotland) Act 2005 , insert– 1A Any reference in this Act to anything done in writing or produced in written form includes a reference to an electronic communication (as defined in section 15(1) of the Electronic Communications Act 2000 (c. 7) ), which has been recorded and is consequently capable of being reproduced. . Fire and Rescue Services Amendment to the Fire (Scotland) Act 2005 8 After section 24 (notice of works affecting water supply and fire hydrants) of the Fire (Scotland) Act 2005 , insert– Use of electronic communication 24A 1 In section 24(1) and (3), the reference to the giving of notice in writing shall include the giving of notice by means of a document, the text of which– a is received in legible form; b is capable of being used for subsequent reference; and c is sent by an electronic communication within the meaning of section 15(1) of the Electronic Communications Act 2000 (c. 7) . . GEORGE LYON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd June 2006 I consent DAVID CAIRNS Parliamentary Under Secretary of State Scotland Office Department of Constitutional Affairs 20th June 2006