Giving of documentsGiving of documents

Giving of documents

(15) A document is given to a person for the purposes of this section: (a) when it is received in accessible form by that person or their eligible agent; or (b) if there is no other way of sending the document that may reasonably be expected to result in it being received by that person or their eligible agent—when all reasonable steps are taken to send it to that person or their eligible agent; or (c) one business day after an email is sent to the email address of the person or their eligible agent that the responsible entity reasonably believes is the email address of the person or eligible agent where the person has agreed to receive the document by email; or (d) one business day after an email is sent containing a hypertext link to the document to the email address of the person or their eligible agent that the responsible entity reasonably believes is the email address of the person or eligible agent where: (i) the person has agreed to receive documents in that manner; and (ii) the responsible entity has no reason to suspect that the person is unlikely by mere scrolling or use of direct hypertext links to be able to see all of the contents of the document by using the emailed hypertext link; and (iii) the document can be downloaded free of charge (excluding any normal fees payable to the recipient’s internet service provider); and (iv) the hypertext link is accompanied by a prominent statement to the effect that the recipient is advised to access the document and download it; or (e) when it would be delivered in the ordinary course of post, if it is posted as a letter prepaid from the responsible entity to an address of the person or their eligible agent that the responsible entity reasonably believes is the address of the person or eligible agent; or (f) a copy of the document is given in accordance with any of paragraphs (a) to (e) and the giver takes reasonable steps to ensure that the document received by the person is complete and unaltered. (16) For the purposes of subsection (15): (a) an email is sent when the email would be taken to be dispatched under section 14 of the Electronic Transactions Act 1999 if it applied to that subsection; and (b) a document is taken to be a copy of another document regardless of: (i) immaterial differences in the sequence in which information is presented; and (ii) prompts and links if they are not likely to: (A) cause a reasonable person to confuse the contents of the document with another document; or (B) reduce the likelihood of a reasonable person reading any part of the document; and (iii) the absence from (or simplification in) the document of graphics of a promotional or decorative nature; and (iv) the inclusion in the document of codes or features to control the display of the document which do not otherwise alter the sense or content of the document.