SCHEDULEPROCEDURE IN ADJUDICATION PROCEEDINGS

PART 3SERVICE OF DOCUMENTS AND NOTICES

Service of documents on the parties

17.

(1)

This paragraph has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal.

(2)

Any document shall be regarded as having been sent to that party if it is—

(a)

delivered to him;

(b)

left at his proper address;

(c)

sent by first class post to him at that address; or

(d)

transmitted to him by fax or other means of electronic data transmission in accordance with subparagraph (3).

(3)

A document may be transmitted to a party by fax or by other means of electronic data transmission where—

(a)

the party has indicated in writing to the party sending the notice or document that he is willing to regard a document as having been duly sent to him if it is transmitted to a specified fax telephone number or, as the case may be, a specified electronic address; and

(b)

the document is transmitted to that number or address.

(4)

In the case of an enforcement authority, an indication under subparagraph (3)(a) may be expressed to apply in relation to any appeal to which it is the respondent.

(5)

Where the proper address includes a box number at a document exchange, the delivery of such a document may be effected by leaving the document addressed to that box number—

(a)

at that document exchange; or

(b)

at a document exchange which transmits documents every working day to that exchange,

and any such document so left shall, unless the contrary is proved, be taken to have been delivered on the second working day after the day on which it was left.

(6)

For the purposes of this Schedule, and of section 7 (references to service by post) of the Interpretation Act 19789 (“the 1978 Act”) in its application to this paragraph—

(a)

the proper address of the appellant is the address for service specified pursuant to paragraph 2(2)(c) or, if no address is so specified, the address specified pursuant to regulation 2(2)(b), and

(b)

the proper address of an enforcement authority in proceedings in which it is the respondent is such address as the authority may from time to time specify in a notice delivered to the proper officer as being the authority’s address for service in all such proceedings.

(7)

If no address for service has been specified, the proper address for the purposes of this Schedule, and section 7 of the 1978 Act, shall be—

(a)

in the case of an individual, his usual or last known address;

(b)

in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom;

(c)

in the case of an incorporated or unincorporated body, the registered or principal office of the body.

(8)

A party may at any time, by notice in writing delivered to the proper officer, change his proper address for the purposes of this Schedule and section 7 of the 1978 Act.

(9)

A party may, by notice in writing delivered to the other party and the proper officer, vary or revoke any indication given under subparagraph (3)(a).

(10)

Unless the contrary is proved, a notice or document—

(a)

left at the proper address of a party shall be taken to have been delivered on the second working day after the day on which it was left;

(b)

sent by fax or other means of electronic data transmission shall be taken to have been delivered on the second working day after the day on which it was transmitted.