5 Service of notices.E+W

(1)Any notice authorised by this Act to be served on any person shall be duly served if it is delivered to him, or left at his proper address or sent to him by post in a registered letter.

(2)Any such notice authorised to be served on an incorporated company or body shall be duly served if served on the secretary or clerk of the company or body.

(3)For the purposes of this section and of section 7 of the M1Interpretation Act 1978, the proper address of any person on whom any such notice is to be served shall, in the case of the secretary or clerk of any incorporated company or body be that of the registered or principal office of the company or body, and in any other case be the last known address of the person in question.

(4)Where any such notice is to be served on a person as being the person having any interest in land, and it is not practicable after reasonable inquiry to ascertain his name or address, the notice may be served by addressing it to him by the description of the person having that interest in the land (naming it), and delivering the notice to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.

(5)Where any such notice is to be served on any person as being the owner of the land and the land [F1belongs to an ecclesiastical benefice][F1 is vested in the incumbent of a benefice of the Church of England ] a copy shall be served on the [F1Church Commissioners][F1 Diocesan Board of Finance for the diocese in which the land is situated ].

(6)Without prejudice to subsections (1) to (5) above, any notice under this Act to be served on an occupier shall be deemed to be duly served if it is addressed to him by the description of “the occupier” of the land in question and sent by post to, or delivered to some person on, the land.

Textual Amendments

F1Words in s. 5(5) substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 19; S.I. 2006/2, Instrument made by Archbishops

Marginal Citations