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(1)A notice which may be given to a person under this Part by the Commission or a constable may be given—
(a)by delivering it to the person,
(b)by leaving it at the person’s proper address,
(c)by sending it by post to the person at that address, or
(d)by sending it to the person by electronic means.
(2)A notice to a body corporate may be given to an officer of that body.
(3)A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.
(4)A notice to an unincorporated association (other than a partnership) may be given to a member of the governing body of the association.
(5)For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—
(a)in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;
(b)in the case of 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 in the United Kingdom;
(c)in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.
(6)If a person has specified an address in the United Kingdom, other than the person’s proper address within the meaning of subsection (5), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under this Part, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person’s proper address.
(7)A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.
(8)In this section—
“officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Commencement Information
I1S. 56 not in force at Royal Assent, see s. 67(1)
I2S. 56 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
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