The Channel Tunnel (Security) Order 1994

Service of documents

36.—(1) This article has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of the Order to be served on or given to any person.

(2) Any such document may be given to or served on any person—

(a) by delivering it to him, or

(b) by leaving it at his proper address, or

(c) by sending it by post to him at that address, or

(d) by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication.

(3) Any such document may, in the case of a body corporate, be given to or served on the secretary, clerk or similar officer of that body.

(4) For the purposes of this article and section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this article, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).

(5) If the person to or on whom any document mentioned in paragraph (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than an address determined under paragraph (4) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.

(6) Where an enforcement notice is to be served under article 21 of this Order on the owner or operator of a Channel Tunnel train, it shall be treated as duly served on him if it is served on the train manager of the train in question, but (except as provided by article 21(3) of this Order) the train manager shall not be obliged by virtue of this paragraph to comply with the notice.

(7) Any document mentioned in paragraph (1) above shall, where there are two or more owners or operators of a Channel Tunnel train or owners, occupiers or managers of any property, be treated as duly served on each of those owners, operators, occupiers or managers if served on any one of them.

(8) Where any document mentioned in paragraph (1) above is to be served (for the purposes of paragraph (6) above or otherwise) on the train manager of a train it shall be treated as duly served if it is left on board that train with the person being or appearing to be in command or charge of the train.

(1)

1978 c. 30.