Member

65: Clause 12, page 22, line 13, leave out subsection (5) and insert— “(5) In section 37 (service of documents)—(a) in subsection (1)—(i) omit the words from “carrying” to “agency”;(ii) omit the “or” at the end of paragraph (a);(iii) at the end of paragraph (b) insert“; or(c) by being sent by email to the person’s email address.”;(b) after subsection (3) insert—“(3A) A notice or other document sent to a person by email is, unless the contrary is proved, to be treated as having been served on the working day immediately following the day on which it was sent.”;(c) after subsection (5) insert—“(6) A person’s (P’s) email address for the purposes of this section is—(a) an email address identified for the time being by P, or by a person who manages an establishment or agency carried on by P, as an address for contacting P, or(b) if an email address is not so identified, an email address which the person serving the notice or other document believes is used by P.For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it.(7) In subsection (3A) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.””Member’s explanatory statement This amendment would allow for notices under Part 2 of the Care Standards Act 2000 to be served on parent undertakings and others by email.