Regulation 12 Service of documentsI1

Scotland

(1)

Any document required or authorised to be sent by these Regulations may be sent to or given to a person—

(a)

by being delivered personally to the person;

(b)

by leaving it at the proper address of the person;

(c)

by being sent to the proper address of the person—

(i)

by a registered post-service (as defined in section 125(1) of the Postal Services Act 2000); or

(ii)

by a postal service which provides for the delivery of the document to be recorded; or

(d)

by being sent by an electronic communication where the criteria in paragraph (5) are met.

(2)

For the purposes of paragraph (1), the proper address of a person 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 partnership, the address of the principal office of the partnership;

(c)

in any other case, the last known address of the person, or in the case where an address for service has been given by that person, that address.

(3)

Where, after reasonable inquiry, it is not practicable to ascertain either or both—

(a)

the name;

(b)

the address,

of a person to be notified, the document is taken to be served if the requirements of paragraph (4) are met.

(4)

The requirements are that the document is addressed to the person either by name or by the description of “the owner” or “the occupier” of the monument; and—

(a)

it is delivered or sent in the manner specified in paragraph (1)(a), (b) or (c); or

(b)

it is plainly identifiable as a document of importance and is displayed on the land in, on or under which the monument is situated or on the monument (except where doing so might damage it).

(5)

The criteria are—

(a)

the recipient consents, or is deemed to have agreed under paragraph (6), to receive it electronically; and

(b)

that the document is—

(i)

capable of being accessed by the recipient;

(ii)

legible in all material respects; and

(iii)

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

(6)

Any person sending a document using an electronic communication is to be taken to have agreed—

(a)

to the use of such communications for all purposes relating to the application which are capable of being carried out electronically; and

(b)

that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, that communication.

(7)

Deemed agreement under paragraph (6) subsists until that person gives notice to revoke the agreement.

(8)

Notice of withdrawal of consent to the use of an electronic communication or of revocation of agreement under paragraph (7) takes effect on a date specified by the person in the notice, but not less than 7 days after the date on which the notice is given.

(9)

In this regulation—

“document” includes any notice, decision, form, plan, certificate or other information or communication;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000^f1 (general interpretation);
“legible in all material respects” means that the information contained in the document is available to that person to no lesser extent than it would be if served or given by means of a document in printed form; and
“sent” includes served, made, submitted or given and cognate expressions are to be construed accordingly.

Annotations

Commencement

I1: Reg. 12 in force at 1.10.2015, see reg. 1(1)

Footnotes

f1: As amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).