Giving of noticesN.I.
This section has no associated Explanatory Memorandum
28.—(1) Any notice required to be given under these Regulations to any person must be in writing and may be given to them by—
(a)delivering it to them;
(b)leaving it at their proper address;
(c)sending it to them by prepaid post at that address; or
(d)subject to paragraph (5), by being sent to them by an electronic communication.
(2) For the purposes of this regulation and section 24 of the Interpretation Act (Northern Ireland) 1954 (Service of documents) in its application to this regulation, the proper address of any person to whom a notice is to be given is the last known address of the person in question.
(3) Paragraph (4) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (2)) as the one at which they, or someone on their behalf, will accept documents of the same description as a notice given under these Regulations.
(4) The specified address is also to be treated for the purposes of this regulation and section 24 of the Interpretation Act (Northern Ireland) 1954 in its application to this regulation as the person’s proper address.
(5) If a notice under these Regulations to be given to a person is sent by an enforcement authority by an electronic communication, it is to be treated as given only if—
(a)the person to whom the notice is given has indicated a willingness to the enforcement authority to receive notices by an electronic communication and provided an address suitable for that purpose; and
(b)the notice is sent to the address provided by that person.
(6) In this regulation, “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000().