Article 40 Sending notices
This rule applies to any notice sent under these Rules, and in this rule—
“notice” includes any notice or other information required or authorised by these Rules to be sent to any person; and
“recipient” means a person to or on whom any notice is required or authorised to be sent for the purposes of these Rules.
A notice may be sent—
by a postal service which seeks to deliver documents or other things by post no later than the next working day in all or in the majority of cases;
by fax;
by e-mail to an e-mail address; or
by personal delivery.
A notice must be sent—
in the case of a notice directed to the Tribunal, to the Tribunal’s office;
in the case of a notice directed to the appellant—
to his representative; or
where there is no representative, to the appellant,
at the appropriate address notified to the Tribunal in accordance with rule 4(3)(c);
in the case of a notice directed to the Commission, to the Commission’s head office; or
otherwise, to the recipient’s registered office or last known address.
Subject to paragraphs (5) and (6), a notice that is sent is deemed, unless the contrary is proved, to have been received—
where it was sent by post, on the second day after it was sent; and
in any other case, on the day it was sent.
Where a notice is sent by post to the Tribunal, it is deemed to have been received on the day it was actually received by the Tribunal.
No notice is deemed to have been received if it is not received—
in legible form; or
in a form from which it can readily be produced in a legible form.
Paragraph (8) applies where—
a recipient cannot be found;
a recipient has died and has no known personal representative;
a recipient has no address for service in the United Kingdom; or
for any other reason service on a recipient cannot be readily effected.
Where this paragraph applies the Tribunal may dispense with service on the recipient or may make an order for alternative service on such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the Tribunal may think fit.