Article 40 Service of noticesI1

England and Wales

(1)

A notice or other document required or authorised to be served, given or supplied under this Order may be served, given or supplied in any of these ways—

(a)

by delivering it to the person on whom it is to be served or to whom it is to be given or supplied;

(b)

by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address;

(c)

by sending it by post, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

(d)

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

(e)

in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in paragraph (2), to that person at that address;

(f)

in the case of an incorporated company or body—

(i)

by delivering it to the secretary or clerk of the company or body at their registered or principal office;

(ii)

by sending it by post, addressed to the secretary or clerk of the company or body at that office; or

(iii)

by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2)

The condition mentioned in paragraph (1)(e) is that the notice or other document must be—

(a)

capable of being accessed by the person mentioned in that provision;

(b)

legible in all material respects; and

(c)

in a form sufficiently permanent to be used for subsequent reference.

(3)

For the purposes of paragraph (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Annotations

Commencement

I1: Art. 40 in force at 7.8.2015, see art. 1