Sending and giving of applications, information, representations and notices6

1

In this regulation–

  • “electronic communication” means a communication transmitted–

    1. a

      by means of an electronic communications network, or

    2. b

      by other means but while in electronic form;

  • “written document” means an application, information, a representation or a notice under regulation 4 or 5.

2

A written document may be sent or given to the intended recipient by–

a

delivering it to him, or

b

leaving it at his proper address, or

c

sending it to him at that address by post or other means.

3

No written document may be sent or given by means of an electronic communication unless either–

a

the intended recipient has indicated that he is willing to receive it in that form, or

b

it is sent in response to a previous electronic communication and the intended recipient has not indicated that it should not be given or sent in that form.

4

A written document may be sent or given–

a

to a body corporate by being sent or given to its secretary or clerk;

b

to a firm by being given or sent to a partner in the firm or a person having management or control of the partnership business;

c

to an unincorporated body by being sent or given to a member of its governing body.

5

For the purposes of this regulation and of section 7 of the Interpretation Act 1978 M1 in its application to this regulation, the proper address (except in a case falling within paragraph (7)) of–

a

the Secretary of State is the address of the principal office of the holder of the office of Secretary of State who for the time being exercises the functions of the Secretary of State under regulations 4 and 5;

b

a body corporate F1(including the ONR) is the address of its registered or principal office;

c

a firm or unincorporated body is the address of its principal office;

d

any other person is his last known address.

6

Where, by virtue of the above provisions of this regulation, the proper address of the intended recipient of a written document is outside the United Kingdom, references in this regulation to the proper address of–

a

a body corporate, firm or unincorporated body include its principal office (if any) in the United Kingdom;

b

any other person include his last known address in the United Kingdom (unless he is known no longer to have an address in the United Kingdom).

7

Where a written document is to be given or sent by means of an electronic communication, the proper address of any person includes the number or address which he has indicated is to be used by him for receipt of the communication.