Article 16 Methods of service
Without prejudice to the discretion of the harbour master under article 7(4) and subject to the following provisions of this article, a notice or other document required or authorised to be served under this Order or a direction given under this Order, must be in writing and may be served by first class post.
Where a person to be served with a notice or other document is a body corporate, the notice or document is duly served if it is served on a secretary or clerk of that body.
Where a person to be served with a notice or other document has agreed in writing that service may be by email or other electronic means, the Board may employ that method of service until such time as the person informs the Board that they are no longer willing to receive notices or documents by that method of service.
For the purposes of section 7 of the Interpretation Act 1978f1 as it applies for the purposes of this article, the proper address of a person for service under paragraph (1) is, if the person has given an address for service, that address, and otherwise—
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
in any other case, the person’s last known address at the time of service.
Where a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry—
in the case of a notice or document to be served on a person as having an interest in, or as the occupier of, any land, it may be served by—
addressing it to the person by name or by the description of “owner” or “occupier” of the land (describing it); and
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land;
in the case of a notice or document relating to a vessel (including a wreck), it may be served by exhibiting it in a conspicuous position on or near the vessel, unless it would not be reasonably practicable to exhibit the notice or document in this manner, or if the notice or document would not be likely to be seen if it were so exhibited, or by handing it to a member of the crew; and
in the case of any other notice or document or a notice or document that is not capable of being served pursuant to sub-paragraph (b) it may be served by displaying it at the office of the harbour master for the period of its duration.
This article does not exclude the employment of any method of service not expressly provided for by it.
Annotations
Footnotes
- f1