Miscellaneous and generalE+W+S

38 Service of documents.E+W+S

(1)Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.

(2)Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(3)For the purposes of this section, and of [F1section 7 of the M1Interpretation Act 1978] in its application to this section, the proper address of any person, in the case of the secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

(4)If the name or the address of any owner or occupier of premises on whom any such notice or other document as aforesaid is to be served cannot after reasonable inquiry be ascertained by the person seeking to serve it, the document may be served by addressing it to the person on whom it is to be served by the description of “owner” or “occupier” of the premises (describing them) to which the notice relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

Textual Amendments

F1Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) (1.1.1979) for words from “section 26” to “1889”

Modifications etc. (not altering text)

C1S. 38 applied (with modifications) (1.12.1997) by S.I. 1997/1840, reg. 17(1)(2)

Marginal Citations

M11978 c. 30 (115:1)