Regulation 3 Service of notice
A notice given to P in accordance with section 4 or section 9 of the Act may be—
given by hand, including on behalf of the Government of the United Kingdom by a representative of another government;
sent by fax;
sent by postal service in which delivery or receipt is recorded to—
an address provided for correspondence by P or P’s representative; or
where no address for correspondence has been provided, the last-known or usual place of abode or place of business of P or P’s representative;
sent electronically;
sent by document exchange to a document exchange number or address;
sent by courier;
collected by P or P’s representative.
Where—
P’s whereabouts are not known, and
no address is available for correspondence with P or P’s representative under paragraph (1)(c),
the notice shall be deemed to have been given when the Secretary of State enters a record of the above circumstances and places the signed notice on the relevant file.
Where notice is deemed to have been given in accordance with paragraph (2) and subsequently P is located, P is to be given a copy of the notice and details of when and how it was deemed to have been given as soon as is practicable.
Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been given—
where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;
where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent.
For the purpose of paragraph (4)(a) the second day after the notice was posted is to be calculated—
excluding the day on which the notice was posted, and
excluding any day which is not a business day.
In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971f1 in the part of the United Kingdom to which the notice is sent, Christmas Day or Good Friday.
Annotations
Footnotes
- f1