Paragraph 49 Method of delivering and receipt of documents

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. heading word substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(a)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(aa)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(bb)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(ii)
Sch. rule 21(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(c)
Sch. rule 26(5) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(d)
Sch. rule 37 omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(e)
Sch. rule 38(1) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(i)
Sch. rule 38(4) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(ii)
Sch. rule 45(1) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(g)

(1)

Any document required or authorised by these Rules to be delivered to any person, body or authority is duly delivered to that person, body or authority—

(a)

if it is sent to the proper address of that person, body or authority by post, by special delivery, by recorded delivery or otherwise with proof of posting;

(b)

if it is sent to that person, body or authority at that address by fax or other means of electronic communication which produces a text which is received in legible form; or

(c)

if it is delivered to or left at the proper address of that person, body or authority,

provided that it will only duly be delivered by fax or other means of electronic communication if the recipient consents in writing to the use of that means.

(2)

For the purposes of the proviso in paragraph (1), a legal representative is deemed to consent in writing if the reference or address for the means of electronic communication is shown as an acceptable means of delivery on the legal representative’s notepaper.

(3)

Where a document has been sent in accordance with paragraph (1) it shall, unless the contrary is proved, be taken to have been received by the party to whom it is addressed—

(a)

in the case of a document sent by post, on the day on which the document would be delivered in the ordinary course of post;

(b)

in the case of a document transmitted by fax or other means of electronic communication, on the day on which the document is transmitted; or

(c)

in the case of a notice or document delivered in person, on the day on which the document is delivered.

(4)

Any document required or authorised to be delivered may—

(a)

in the case of a company or other body incorporated or registered in the United Kingdom, be delivered to the secretary or clerk of the company or body;

(b)

in the case of a company or other body incorporated outside the United Kingdom, be delivered to the person authorised to accept it;

(c)

in the case of a partnership, be delivered to any partner; or

(d)

in the case of an unincorporated association other than a partnership, be delivered to any member of the governing body of the association.

(5)

The proper address of any person, body or authority to whom any document is required or authorised to be delivered is—

(a)

in the case of a secretary or clerk of an incorporated company or other body registered in the United Kingdom, that of the registered or principal office of the company or body;

(b)

in the case of the person authorised to accept it on behalf of a company or other body incorporated outside the United Kingdom, the address of the principal office or place of business of that company or other body in the United Kingdom;

(c)

in the case of the Tribunal or the Secretary, the address of the office of the Tribunal;

(d)

in the case of any other person, the usual or last known address of that person.

(6)

Where any document is to be delivered to a diocesan board of finance as having an interest in land, a copy must also be delivered to the Church Commissioners.