Further advances—notice of creation of subsequent charge
107.—(1) A notice given for the purposes of section 49(1) of the Act by one of the methods mentioned in paragraph (2) ought to have been received at the time shown in the table in paragraph (4).
(2) The methods referred to in paragraph (1) are—
(a)by post, to the postal address, whether or not in the United Kingdom, entered in the register as the prior chargee’s address for service, or
(b)by leaving the notice at that address, or
(c)by sending to the box number at the relevant document exchange entered in the register as an additional address for service of the prior chargee, or
(d)by electronic transmission to the electronic address entered in the register as an additional address for service of the prior chargee, or
(e)where paragraph (3) applies, by post, document exchange, fax or electronic transmission to the address, box number or fax number provided.
(3) This paragraph applies where the prior chargee has provided to the subsequent chargee a postal address, document exchange box number, fax number, e-mail or other electronic address, and stated in writing to the subsequent chargee that notices to the prior chargee under section 49(1) of the Act may be sent to that address, box number or fax number.
(4) For the purposes of section 49(2) of the Act a notice sent in accordance with paragraph (2) or (3) ought to have been received at the time shown in the table below—
| Method of delivery | Time of receipt |
|---|---|
| Post to an address in the United Kingdom | The second working day after posting |
| Leaving at a postal address | The working day after it was left |
| Post to an address outside the United Kingdom | The seventh working day after posting |
| Document exchange | On the second working day after it was left at the sender’s document exchange |
| Fax | The working day after transmission |
| Electronic transmission to an electronic address entered in the register as an address for service or e-mail or other electronic means of delivery under paragraph (3) | The second working day after transmission |
(5) A notice posted or transmitted after 1700 hours on a working day or posted or transmitted on a day which is not a working day is to be treated as having been posted or transmitted on the next working day.
(6) In this rule—
“post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such a period as is reasonable in all the circumstances,
“prior chargee” means the proprietor of a registered charge to whom notice is being given under section 49(1) of the Act,
“subsequent chargee” means the chargee giving notice under section 49(1) of the Act,
“working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971(1) or appointed by the Lord Chancellor.