Part 1 E+WThe Homes and Communities Agency

Chapter 5E+WSupplementary

OtherE+W

55NoticesE+W

(1)Any notice required or authorised under this Part to be served on any person may be served by—

(a)delivering it to the person,

(b)leaving it at the person's proper address, or

(c)sending it by post to the person at that address.

(2)Any such notice may—

(a)in the case of a body corporate, be served in accordance with subsection (1) on an officer of the body, and

(b)in the case of a partnership, be served in accordance with subsection (1) on a partner or a person having the control or management of the partnership business.

(3)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of any person on whom a notice is to be served is the person's last known address except as follows.

(4)For the purposes of this section and section 7 of the Act of 1978 in its application to this section, the proper address is—

(a)in the case of service on a body corporate or an officer of the body, the address of the registered or principal office of the body, and

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

(5)For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(6)Subsection (7) applies if a person to be served under this Part with a notice has specified an address within the United Kingdom other than the person's proper address (as decided under subsections (3) and (4)) as the one at which the person, or someone on the person's behalf, will accept documents of the same description as the notice.

(7)The specified address is also to be treated for the purposes of this section and section 7 of the Act of 1978 in its application to this section as the person's proper address.

(8)Subsection (9) applies if the name or address of any owner, lessee or occupier of land on whom a notice is to be served under this Part cannot, after reasonable inquiry, be ascertained.

(9)The notice may be served by—

(a)leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to a building or object on the land.

(10)Any notice required or authorised under this Part to be served on any person may be served on the person by transmitting the text of the notice to the person by means of an electronic communications network or by other means but while in electronic form provided the text is received by the person in legible form and is capable of being used for subsequent reference.

(11)In this section—

  • body corporate” includes a limited liability partnership,

  • director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,

  • officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate,

  • partnership” does not include a limited liability partnership,

and references to serving include references to similar expressions (such as giving or sending).