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Coast Protection Act 1949
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Changes over time for: Section 45
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45 Service of notices and other documents.E+W
(1)Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—
(a)by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or
(b)in the case of the council of a county, [F1county borough,] . . . F2 district [F3or in Scotland the council of a region, islands area or district], or an incorporated company or body, [F4[F5including the Environment Agency, the Natural Resources Body for Wales and an] internal drainage board, or a coast protection board], fishery board, [F6 inshore fisheries and conservation authority, ] F7... conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
(c)in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.
(2)The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M1Acquisition of Land (Authorisation Procedure) Act 1946, or the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a [F8 coastal erosion risk management authority ] or to the creation of such rights as are mentioned in section twenty-seven of this Act.
Extent Information
E1This version of this provision extends to England and Wales only; a seperate version has been created for Scotland only.
Textual Amendments
F1Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1
F2Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F3Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)
F4Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(6), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F5Words in s. 45(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 10 (with Sch. 7)
F6Words in s. 45(1)(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 3; S.I. 2011/556, art. 2(2)(k)
F7Words in s. 45(1)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))
F8Words in s. 45(2) substituted (E.W.) (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 23 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(d) (with art. 4(1)); S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))
Marginal Citations
45 Service of notices and other documents.S+N.I.
(1)Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—
(a)by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or
(b)in the case of the council of a county, [F9county borough,] . . . F10 district [F11or in Scotland [F12a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]], or an incorporated company or body,or a coast protection board, river board or other drainage authority, fishery board, [F6 inshore fisheries and conservation authority, ] [F7local fisheries committee,] conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
(c)in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.
(2)The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M3Acquisition of Land (Authorisation Procedure) Act 1946, or the M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a coast protection authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.
Extent Information
E2This version of this provision extends to Scotland and Northern Ireland only: a seperate version has been created for England and Wales only.
Textual Amendments
F6Words in s. 45(1)(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 3; S.I. 2011/556, art. 2(2)(k)
F7Words in s. 45(1)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))
F9Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1
F10Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F11Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)
F12Words in s. 45(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(5); S.I. 1996/323, art.4(1)(c)
Marginal Citations
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