Regulation 20 Giving of notices

(1)

Any notice required or authorised to be given under these Regulations to any person must be given, in writing, to that person by—

(a)

delivering it to that person;

(b)

leaving it at that person's proper address;

(c)

sending it to that person by post at that address; or

(d)

subject to paragraph (7), sending it to that person by an electronic communication.

(2)

The notice may be given to a body corporate, Scottish partnership or unincorporated association by being given to a relevant individual.

(3)

For the purposes of this regulation and section 7 of the Interpretation Act 1978 M1 (references to service by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is—

(a)

in the case of a body corporate, the address of the registered or principal office of the body;

(b)

in the case of a Scottish partnership or other unincorporated association, the address of the principal office of the partnership or association;

(c)

in the case of a relevant individual to whom the notice is given under paragraph (2), the proper address of the body corporate, Scottish partnership or other unincorporated association in question; and

(d)

in any other case, the last known address of the person in question.

(4)

For the purposes of paragraph (3) the references to the “principal office” in relation to a body corporate which is registered outside the United Kingdom, a partnership which is carrying on business outside the United Kingdom or other unincorporated association which has its principal office outside the United Kingdom, include a reference, in each case, to that body's or association's principal office within the United Kingdom (if any).

(5)

Paragraph (6) applies if a person to be given a notice under these Regulations has specified an address (the “specified address”) within the United Kingdom other than the person's proper address, as determined in accordance with paragraph (3), as the one at which that person, or someone on that person's behalf, will accept documents of the same description as a notice given under these Regulations.

(6)

The specified address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation as the person's proper address.

(7)

If a notice under these Regulations to be given to a person is sent by an enforcement authority by electronic communication, it is to be treated as given only if—

(a)

the person to whom the notice is given has indicated a willingness to the enforcement authority to receive notices by an electronic communication and provided an address suitable for that purpose; and

(b)

the notice is sent to the address provided by that person.

(8)

In this regulation “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 M2.

Annotations

Marginal citations

M1: 1978 c.30.
M2: 2000 c.7. Section 15 was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.