The Fodder Plant Seed (Scotland) Regulations 2005

Service of notices S

25.—(1) Any notice required by virtue of these Regulations to be given to any person by the Scottish Ministers may be given by them–

(a) by delivering it to that person or by leaving it at that person’s proper address or by sending it by post to that person at that address;

(b) if the person is a body corporate other than a limited liability partnership, by giving it in accordance with sub-paragraph (a) to the secretary of the body;

(c) if the person is a limited liability partnership, by giving it in accordance with sub-paragraph (a) to a member of the partnership; or

(d) if the person is a partnership, by giving it in accordance with sub-paragraph (a) to a partner or a person having control of the management of the partnership business.

(2) For the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978(1) in its application to this regulation, the proper address of any person to whom a notice is to be given shall be that person’s last known address, except that–

[F1 (a) in the case of a professional seed operator, a crop inspector or a seed sampler licensed under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016, it is the address which could be made available by the Scottish Ministers under regulation 10 of those Regulations; and]

(b) in other cases it shall be–

(i) in the case of a body corporate (other than a limited liability partnership) or its secretary, the address of the registered or principal office of the body;

(ii) in the case of a limited liability partnership or a member of the partnership, the address of the registered or principal office of the partnership; and

(iii) in the case of a partnership or a partner or a person having the control or management of a partnership business, the address of the principal office of the partnership.

(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the Scottish Ministers has specified to them an address within the United Kingdom other than that person’s proper address (as determined under paragraph (2)) as the one at which that person or someone on that person’s behalf will accept notices of that description.

(4) In relation to that notice, that address shall be treated as that person’s proper address for the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

Textual Amendments

F1 Reg. 25(2)(a) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(4)

Commencement Information

I1 Reg. 25 in force at 1.7.2005, see reg. 1(1)

(1)

1978 (c. 30).