Regulation 23 Service of notices
This regulation applies to the service of a notice under these Regulations.
A notice takes effect when served.
A notice may be served on a person by—
handing it to the person;
leaving it at the person’s proper address;
sending it by post to the person at that address;
sending it to the person by electronic means.
A notice to a body corporate may be given to an officer of that body.
A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.
For the purposes of this regulation, and section 7 of the Interpretation Act 1978f1 (references to service by post) in its application to this regulation, the proper address of a person is—
in the case of a body corporate or one of its officers, the address of the body’s registered or principal office;
in the case of a partnership, a partner or person having the control or management of the partnership business, the address of the principal office of the partnership;
in any other case, the person’s last known address.
For the purposes of paragraph (6), the principal office of an undertaking established outside the United Kingdom is its principal office within the United Kingdom.
If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of paragraph (6), under regulation 14(1)(c), (3)(d) or (7) as the one at which the person or someone on the person’s behalf will accept notices under these Regulations, that address is also treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as the person’s proper address.
A notice may be sent to a person by electronic means by being sent to an electronic address and in an electronic form specified by that person for that purpose.
A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9 a.m. on the working day immediately following the day on which it was sent.
In this regulation—
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“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;
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“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;
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“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971f2 in any part of the United Kingdom.
Annotations
Footnotes
- f1
- f2
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1971 c. 80. See section 1 and Schedule 1, which was amended by section 1 of the St. Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2).