SCHEDULE 6Service of notices

Regulation 56

I11

The provisions of this Schedule apply to the giving or service of a notice under these Regulations, except where a contrary provision applies under Schedule 2.

Annotations:
Commencement Information
I1

Sch. 6 para. 1 in force at 31.8.2010, see reg. 1

I22

A notice must be in writing.

Annotations:
Commencement Information
I2

Sch. 6 para. 2 in force at 31.8.2010, see reg. 1

I33

A notice may be served on or given to a person by—

a

delivering it to that person in person;

b

sending it to a postal address or address for service using electronic communication provided in an application—

i

for a benchmarking plan under regulation 9; or

ii

for an emissions plan under regulation 18;

c

leaving it at that person’s proper address, or

d

sending it by post or electronic means to that person’s proper address.

Annotations:
Commencement Information
I3

Sch. 6 para. 3 in force at 31.8.2010, see reg. 1

I44

In the case of a body corporate, a notice may be served on or given to the secretary or clerk of that body.

Annotations:
Commencement Information
I4

Sch. 6 para. 4 in force at 31.8.2010, see reg. 1

I55

In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.

Annotations:
Commencement Information
I5

Sch. 6 para. 5 in force at 31.8.2010, see reg. 1

I66

If a person to be served with or given a notice has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept notices of that description, that address must instead be treated as that person’s proper address.

Annotations:
Commencement Information
I6

Sch. 6 para. 6 in force at 31.8.2010, see reg. 1

I77

For the purposes of this Schedule, “proper address” means—

a

in the case of a body corporate or its secretary or clerk—

i

the registered or principal office of that body, or

ii

the email address of the secretary or clerk;

b

in the case of a partnership or a partner or person having control or management of the partnership business—

i

the principal office of the partnership, or

ii

the email address (or, in the case of a partnership established outside the United Kingdom, the last known address) of a partner or a person having that control or management;

c

in any other case, a person’s last known address, which includes an email address.

Annotations:
Commencement Information
I7

Sch. 6 para. 7 in force at 31.8.2010, see reg. 1

I88

For the purposes of paragraph 7, where a body corporate registered outside the United Kingdom or a partnership established outside the United Kingdom has an office in the United Kingdom, the principal office of that body corporate or partnership is its principal office in the United Kingdom.

Annotations:
Commencement Information
I8

Sch. 6 para. 8 in force at 31.8.2010, see reg. 1

I99

1

Where for the purposes of paragraph 7 the person giving or serving notice is not able to ascertain a proper address in relation to a UK operator, a relevant address may instead be treated as the proper address.

2

For that purpose, “relevant address” means an address derived from information supplied to the regulator by Eurocontrol (or any other organisation) at the request of the European Commission22.

Annotations:
Commencement Information
I9

Sch. 6 para. 9 in force at 31.8.2010, see reg. 1

I1010

Where an electronic address for submission of a notice is provided under these Regulations, it may be submitted electronically to that address.