5. Exclusion from requirement to deliver information by electronic means

(1) In this Regulation “capacity” means sufficient access to the internet to deliver the required information to the Commissioners by electronic means and, in the case of an individual, also means not prevented by reason of age, or mental or physical infirmity from delivering the required information by electronic means.

(2) An applicant may, by application in writing to the Commissioners, be excluded from the requirement of Regulation 3(2) on the grounds that the person does not have the capacity to deliver the required information by electronic means and the application for such exclusion shall include all information relevant to the consideration by the Commissioners of the request.

(3) Where the Commissioners have received an application under paragraph (2), or where the Commissioners otherwise consider it appropriate, they may exclude an applicant from the requirement of Regulation 3(2) only if they are satisfied that, in all of the circumstances, the applicant could not reasonably be expected to have the capacity to deliver the required information by electronic means.

(4) A decision to exclude an applicant under paragraph (3) may be made at any time but, where an application for exclusion under paragraph (2) has been received, the decision shall be made within the period of 30 days after the receipt of the application.

(5) The Commissioners shall, in all cases, notify in writing the person who has applied for exclusion of their decision, whether the decision is to exclude that person from the requirement of Regulation 3(2) or not to so exclude.

(6) A person aggrieved by a decision of the Commissioners not to exclude the person from the requirement of Regulation 3(2) may appeal the decision to the Appeal Commissioners, in accordance with section 949I of the Act of 1997, within the period of 30 days after the date of the notice of the decision.

(7) On the adjudication of an appeal made under this Regulation, the Appeal Commissioners shall have regard only to whether an applicant does not have the capacity to deliver the required information by electronic means.

(8) Paragraph (2) of this Regulation shall not apply to a person acting under an applicant’s authority and such a person may not be excluded from the requirement of Regulation 3(2).