Article 9 Offences: further provisionsI1

United Kingdom Not yet in force

(1)

A document required by article 8(3)(a) to be served on a person charged with an offence under this Order may be served on that person—

(a)

by delivering it to him;

(b)

by leaving it at his proper address; or

(c)

by sending it by post to him at his proper address.

(2)

If the person charged with an offence is the master of a ship the document may be served—

(a)

where there is a master, by leaving it for him on board the ship with the person appearing to be in command or charge of the ship;

(b)

where there is no master, on—

(i)

the managing owner of the ship; or

(ii)

if there is no managing owner, on any agent of the owner; or

(iii)

where no such agent is known or can be found, by fixing a copy of the document on the outside of the ship in a position in which it may reasonably be expected to be seen.

(3)

A document required by article 8(3)(a) to be served on a person charged with an offence under this Order may—

(a)

in the case of a body corporate, be served on the secretary or clerk of that body;

(b)

in the case of a partnership, be served on a partner or person having the control or management of the partnership business.

(4)

For the purposes of this article and of section 7 of the Interpretation Act 1978^f1 (service of documents by post) in its application to this article, the proper address of any person on whom a document under article 8(1) is to be served shall be his last known address, except that—

(a)

in the case of a body corporate or its secretary or clerk it shall be the address of the registered or principal office of that body;

(b)

in the case of a partnership or a person having the control or management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office in the United Kingdom.

Annotations

Commencement

I1: Art. 9 in force at 18.11.2019 as notified in the London Gazette (issue 62919, published 14.2.2020), see art. 1(2)

Footnotes

f1: 1978 c. 30.