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Delivery of notices etc.
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65.The Principal Act is amended by the insertion of the following section after section 188:
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“188A. (1) Subject to subsection (3), where a notice, direction or other document is authorised or required by or under this Act to be sent or delivered to a member of a credit union by the credit union, the credit union shall, unless otherwise specified in this Act, do so in one of the following ways:
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(a) by delivery to the member;
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(b) by post to the address of the member as recorded in the books of the credit union or such other address as has been notified in writing to the credit union by that member for the purpose of receiving the notice, direction or other document by post;
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(c) by electronic means to such address as has been notified in writing to the credit union by that member for the purpose of receiving the notice, direction or other document electronically.
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(2) Subject to subsection (3), a copy of a document, other than a notice, required to be sent or delivered shall be treated as having been sent or delivered, as the case may be, by a credit union to a member where—
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(a) the credit union and the member have agreed to the member having access to the document on a website maintained by or on behalf of the credit union,
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(b) the member is notified, in a manner for the time being agreed for the purpose of such notification between the member and the credit union, of—
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(i) the publication of the document on the website referred to in paragraph (a),
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(ii) the address of that website,
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(iii) the place on that website where the document may be accessed, and
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(iv) how the document may be accessed,
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(c) in the case of annual accounts—
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(i) the credit union’s rules allow for distribution of or access to the annual accounts by electronic means,
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(ii) the credit union has requested, in writing, the member’s consent to the use of electronic means for conveying the credit union’s annual accounts and the member has not objected to such use within 10 days of the receipt by the member of the request, and
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(iii) the member may request at any time in the future that the annual accounts be conveyed to the member in writing,
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(d) where the document is required to be delivered within a relevant period (as specified for the purpose of the provision requiring such delivery)—
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(i) the document is published on the website referred to in paragraph (a) in the period from the start of the relevant period to the conclusion of the meeting concerned, and
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(ii) the notification given for the purposes of paragraph (b) is given during the relevant period.
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(3) This section shall not apply to the service, by or under this Act, of a notice, direction or other document.”.
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