The Emissions Performance Standard (Enforcement) (Wales) Regulations 2015

Regulation 15

SCHEDULE Documents

1.—(1) Subject to sub-paragraph (2), the provisions of this Schedule apply to any document issued under these Regulations.

(2) The provisions of this Schedule do not apply to—

(a) an emissions limit notification;

(b) a CCS notification; and

(c) an EPS annual emissions notification.

2.  A document must be in writing and dated.

3.  A document given to a person on a non-working day is to be treated as given on the next following working day.

4.  A document may be given to a person by—

(a) delivering it to that person in person;

(b) leaving it at that person’s proper address;

(c) sending it by post or fax to that person’s proper address;

(d) sending it by email to that person; or

(e) submitting it by means of a dedicated portal on that person’s website.

5.  For the purposes of paragraph 4(a), a document is given to—

(a) a body corporate, where it is given to a person having control or management of that body;

(b) a partnership, where it is given to a partner or a person having control or management of the partnership business;

(c) an unincorporated association, where it is given to a person having management responsibilities in respect of the association.

6.  For the purposes of paragraph 4(d), a document is given to—

(a) a body corporate, where it is sent to an email address of—

(i) the body corporate, or

(ii) a person having control or management of that body,

where that address is supplied by that body for the conduct of the affairs of that body;

(b) a partnership, where it is sent to an email address of—

(i) the partnership, or

(ii) a partner or a person having control or management of the partnership business,

where that address is supplied by that partnership for the conduct of the affairs of that partnership;

(c) an unincorporated association, where it is sent to an email address of a person having management responsibilities in respect of the association, where that address is supplied by that association for the conduct of the affairs of that association.

7.  A person may, in substitution for the proper address which would otherwise apply, state an address in the United Kingdom at which that person or someone on that person’s behalf may be given documents, which address is to be treated instead as that person’s proper address.

8.  In this Schedule—

“dedicated portal” (“porth penodedig”) means a facility on a person’s website which is established to allow electronic communication with that person;

“non-working day” (“diwrnod nad yw’n ddiwrnod gwaith”) means—

(a)

a Saturday or Sunday;

(b)

a Christmas Eve, Christmas Day or Good Friday; or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in any part of the United Kingdom,

and “working day” (“diwrnod gwaith”) is to be read accordingly;

“proper address” (“cyfeiriad cywir”) means in the case of—

(a)

a body corporate, the registered office (if it is in the United Kingdom) or the principal office of that body in the United Kingdom;

(b)

a partnership, the principal office of the partnership in the United Kingdom;

(c)

any other person, that person’s last known address, which includes an email address;

(d)

any part of the United Kingdom.

(1)

1971 c. 80.