Article 36 Service of documentsI1
United Kingdom
This article has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of the Order to be served on or given to any person.
Any such document may be given to or served on any person—
by delivering it to him, or
by leaving it at his proper address, or
by sending it by post to him at that address, or
by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication, F1or
where—
an address for service using electronic communications has been given by that person and not withdrawn in accordance with paragraph (2E), and
that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that paragraph,
by using electronic communications to send the document in that form to that person at that address F2, or
in the case of a person who is required by regulations to be able to accept service electronically in a manner and form specified in the regulations, in that manner and form.
A document given to or served on a person in accordance with paragraph (2)(e) must be in a form sufficiently permanent to be used for subsequent reference.
Where a document is given to or served on a person in accordance with paragraph (2)(e), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person’s normal business hours, in which case it shall be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than—
a Saturday or a Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
A document authorised or required to be given to or served on a person by the Secretary of State or an authorised person is also to be treated as given or served where—
that person and the Secretary of State or (as the case may be) the authorised person have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in paragraph (2));
that person has not withdrawn his agreement in accordance with paragraph (2F);
the document in question is a document to which the agreement applies;
the Secretary of State or the authorised person has given that person a notice, in a manner agreed between them for the purpose—
stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
setting out the address of that web site; and
setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
the published document is in a form sufficiently permanent to be used for subsequent reference.
Where a document is given to or served on a person in accordance with paragraph (2C), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under paragraph (2C)(d) is given.
A person who has supplied another person with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with paragraph (2)(e) may give notice withdrawing that address or that agreement or both.
A person who has an agreement with the Secretary of State or an authorised person under paragraph (2C)(a) may give notice withdrawing that agreement.
A withdrawal under paragraph (2E) or (2F) shall take effect on the later of—
the date specified by the person in the notice; and
the date which is fourteen days after the date on which the notice is given.
A notice under paragraph (2E) or (2F) must be given to the person to whom the address was supplied or with whom the agreement was made.
Oral notice is not sufficient for the purposes of paragraph (2E) or (2F).
Any document authorised to be given to or served on a body corporate may be given to or served on the secretary, clerk or similar officer of that body.
For the purposes of this article and section 7 of the Interpretation Act 1978f1 (service of documents by post) in its application to this article, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).
If the person to or on whom any document mentioned in paragraph (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than an address determined under paragraph (4) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.
Where an enforcement notice is to be served under article 21 of this Order on the owner or operator of a Channel Tunnel train, it shall be treated as duly served on him if it is served on the train manager of the train in question, but (except as provided by article 21(3) of this Order) the train manager shall not be obliged by virtue of this paragraph to comply with the notice.
Any document mentioned in paragraph (1) above shall, where there are two or more owners or operators of a Channel Tunnel train or owners, occupiers or managers of any property, be treated as duly served on each of those owners, operators, occupiers or managers if served on any one of them.
Where any document mentioned in paragraph (1) above is to be served (for the purposes of paragraph (6) above or otherwise) on the train manager of a train it shall be treated as duly served if it is left on board that train with the person being or appearing to be in command or charge of the train.
Regulations under paragraph (2)(f)—
may make different provision for different cases,
may include incidental, supplemental or transitional provision,
shall be made by the Secretary of State by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Annotations
Textual amendments
- F1
Art. 36(2)(e) and word inserted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(2)
- F2
Art. 36(2)(f) inserted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(4)(a) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2
- F3
Art. 36(2A)-(2I) inserted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(3)
- F4
Art. 36(3) substituted (30.9.2006) by The Transport Security (Electronic Communications) Order 2006 (S.I. 2006/2190), arts. 1(1), 8(4)
- F5
Art. 36(9) inserted (1.10.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(3)(c), Sch. 5 para. 13(4)(b) (with Sch. 5 para. 14); S.I. 2015/1729, art. 2
Commencement
- I1
Art. 36 in force at 5.3.1994, see art. 1
Footnotes
- f1