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Long Leases (Scotland) Act 1954

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Version Superseded: 28/11/2004

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23 Provisions regarding notices, etc.S

(1)Any notice or other document required or authorised by this Part of this Act to be given or sent to any person shall be sent by post in a registered letter addressed—

(a)to the said person; or

(b)where the said person is a landlord or an intermediate landlord, either to him or to the person to whom the rent under the lease or sub-lease, as the case may be, is in use to be paid; or

(c)where the said person, being an intermediate landlord, is unknown or cannot be found and no rent is being paid under the sub-lease, to the Extractor of the Court of Session; or

(d)where the said person is a local authority, development corporation, or an incorporated company or body, to the clerk, secretary or other proper officer of such authority, corporation, company or body.

(2)For the purposes of this section, the proper address of any person to whom any such notice or document is to be given or sent shall, in the case of the clerk, secretary or other proper officer of a local authority, development corporation, or an incorporated company or body, be that of the principal or registered office of such authority, corporation, company or body, and in any other case shall be the last known address of the person in question.

(3)A copy of any such notice or document bearing a certificate of the due posting thereof signed by the person giving the notice or sending the document or by his solicitor, together with a post office receipt for the registered letter containing the notice or document, shall be sufficient evidence that the notice was duly given or that the document was duly sent, as the case may be, to the person to whom such registered letter was addressed at the address specified therein on the date mentioned in such receipt, which date shall be deemed to be the date of the notice or of the sending of the document, as the case may be.

(4)Any such notice or document shall be effectually given or sent notwithstanding that the person to whom it is required or authorised to be given or sent is in pupilarity or minority or otherwise subject to any legal incapacity at the date of the notice or at the date of the sending of the document, as the case may be.

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