Enterprise Act 2002

[F1 126 Service of documents by the CMA, OFCOM or the Secretary of State U.K.

(1) This section applies in relation to any document required or authorised under this Part to be served on a person by the CMA, OFCOM or the Secretary of State.

(2) The document may be served by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) sending it to the person by email to their email address.

(3) A document may be served on a body corporate by giving it to any officer of that body.

(4) A document may be served on a partnership by giving it to any partner or a person who has the control or management of the partnership business.

(5) A document may be served on an unincorporated body or association (other than a partnership) by giving it to any member of the governing body of the association.

(6) A person’s proper address is—

(a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of documents, that address;

(b) in any other case, the address determined in accordance with subsection (7).

(7) A person’s “proper address” is (if subsection (6)(a) does not apply)—

(a) in the case of a body corporate, its registered or principal office;

(b) in the case of a partnership, the principal office of the partnership;

(c) in the case of an unincorporated body or association, the principal office of the body or association;

(d) in a case where none of paragraphs (a) to (c) apply, any address at which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of the person.

(8) A person’s email address is—

(a) any email address published for the time being by that person as an address for contacting that person, or

(b) if there is no such published address, any email address by means of which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of that person.

(9) In the case of—

(a) a body corporate registered outside the United Kingdom,

(b) a partnership carrying on business outside the United Kingdom, or

(c) any other body with offices outside the United Kingdom,

references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities.

(10) In this section “officer”, in relation to any body corporate, means a director, manager, secretary or other similar officer of the body.

(11) This section does not limit any other lawful means of serving a document on a person.]

Textual Amendments

F1 S. 126 substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 1; S.I. 2024/1226, regs. 1(2), 2(1)(17) (with Sch. paras. 17(1), 20)

Modifications etc. (not altering text)

C1 S. 126 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(cc)(24) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))

C2 S. 126 applied (1.1.2025) by 1998 c. 41, s. 44A (as inserted by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(17) (with Sch. paras. 17(2), 20))