Section 45 Service of notices and other documents.E1

England and Wales

(1)

Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a)

by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b)

in the case of the council of a county, F1county borough, . . . F2 district F3or in Scotland the council of a region, islands area or district, or an incorporated company or body, F4F5including the Environment Agency, the Natural Resources Body for Wales and an internal drainage board, or a coast protection board, fishery board, F6 inshore fisheries and conservation authority, F7... conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c)

in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2)

The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M1Acquisition of Land (Authorisation Procedure) Act 1946, or the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a F8 coastal erosion risk management authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.

Annotations

Textual amendments

F1: Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1
F2: Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F3: Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)
F4: Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(6), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F5: Words in s. 45(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 10 (with Sch. 7)
F6: Words in s. 45(1)(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 3; S.I. 2011/556, art. 2(2)(k)
F7: Words in s. 45(1)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))
F8: Words in s. 45(2) substituted (E.W.) (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 23 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(d) (with art. 4(1)); S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

Marginal citations

M1: 1946 c. 49.
M2: 1947 c. 42.

Extent

E1: This version of this provision extends to England and Wales only; a seperate version has been created for Scotland only.