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1.38.—(1) A document is delivered if it is sent by post in accordance with the provisions of this rule.
(2) A document delivered by post may be delivered to the last known address of a person.
(3) First class or second class post may be used to deliver a document.
(4) Unless the contrary is shown—
(a)a document sent by first class post is to be treated as delivered on the second business day after the day on which it is posted;
(b)a document sent by second class post is to be 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 document was posted, the date of that post-mark is to be treated as the date on which the document was posted.
(5) 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.
Section 246C was prospectively inserted for Scotland by section 124(3) of the Small Business, Enterprise and Employment Act 2015 (c.26) and section 248A by section 124(4) of that Act.
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