Local Government (Scotland) Act 1973

192 Service of notices, etc., by local authority. S

(1) Any documents to which this section applies may be served—

(a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

Provided that in the case of a person employed on any ship or vessel it shall be delivered to some person on board thereof and connected therewith; or

(b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or

(c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i) by name, if his name is known; or

(ii) if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding [F1 level 1 on the standard scale].

(6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

Textual Amendments

F1 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C1 S. 192 extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 137

S. 192 extended (with modifications) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 83(1), Sch. 6 para. 3

C2 S. 192 applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s. 47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 192 applied (1.4.2002) by Water (Scotland) Act 1980 (c. 45), s. 23(1ZA) (as inserted by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(1), 72, Sch. 6 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3))

S. 192 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

C3 S. 192(1)-(4) applied (with modifications) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 37(2), 59; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4)