7.—(1) Subject to paragraph (3) where the Secretary of State is considering exercising his powers under—
(a)regulation 5, save where regulation 9(1)(a) or (b) applies; or
(b)regulation 12, save where regulation 9(1)(b) applies,
he shall afford the person concerned the opportunity to make representations to him and, where appropriate, submit medical or other evidence to him within 2 months of the date on which notice of that opportunity is served on the person concerned or, where he is satisfied that the person had good reason not to make such representations or submit such evidence within that period, such further period as the Secretary of State considers reasonable.
(2) A notice shall be deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.
(3) Paragraph (1) shall not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain the whereabouts of the person concerned.