The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

CHAPTER 2 The giving of notice and the supply of documents

Application

249.—(1) Subject to paragraphs (2) and (3), this Chapter applies where a notice or other document is required to be given, delivered or sent under the Regulations or these Rules by any person, including the administrator.

(2) This Chapter does not apply to the service of—

(a) any application to the court,

(b) any evidence in support of that application, or

(c) any order of the court.

(3) This Chapter does not apply to the submission of documents to the registrar of companies.

Personal delivery

250.—(1) Personal delivery of a notice or other document is permissible in any case.

(2) A document is personally delivered if it is delivered in accordance with the rules for personal service in CPR Part 6.

Postal delivery of documents

251.—(1) A notice or other document may be sent by post in accordance with the provisions of this rule unless in any particular case some other form of delivery is required by the Regulations or these Rules or an order of the court.

(2) First class or second class post may be used to deliver a notice or other document except where these Rules require first class post to be used.

(3) Unless the contrary is shown—

(a) a notice or other document sent by first class post is treated as delivered on the second business day after the day on which it is posted;

(b) a notice or other document sent by second class post is treated as delivered on the fourth business day after the day on which it is posted;

(c) where a post-mark appears on the envelope in which a notice or other document was posted, the date of that post-mark is to be treated as the date on which the notice or other document was posted.

(4) In this rule “post-mark” means a mark applied by a postal operator which records the date on which a letter entered the postal system of the postal operator.

Notice etc to authorised recipients

252.  Where a notice or other document is to be given, delivered or sent to a person under the Regulations or these Rules, it may be given, delivered or sent instead to any other person authorised in writing to accept delivery on behalf of the first-mentioned person.