The Poole Harbour Revision Order 2012

Notices

57.—(1) A notice or other document required or authorised to be served for the purposes of this Order, or of any byelaw made or having effect, or any direction given or having effect, under this Order, may be served—

(a) in the case of a notice under article 19(3)(b)(i), by registered post or recorded delivery;

(b) in any other case, by post; or

(c) with the consent of the person to be served (“the recipient”), and subject to paragraphs (7) to (10), by electronic transmission.

(2) Where the recipient is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of the recipient in relation to the service of a notice or document under paragraph (1) is, if the recipient has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

(b) in any other case, the last known address of the recipient at the time of service.

(4) Where a notice or other document such as is referred to in paragraph (1) is required or authorised to be served on the recipient as having any interest in, or as the occupier of, land and the name or address of the recipient cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to the recipient by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document such as is referred to in paragraph (1) is required or authorised to be served in relation to a vessel (including a wreck) or structure, and the name or address of the recipient cannot be ascertained after reasonable inquiry the notice or document may be served by—

(a) handing it to a member of the crew of the vessel, or to a person employed on the structure, as the case may be; or

(b) exhibiting it in a conspicuous position on or near the vessel or structure, unless it would not be reasonably practicable to exhibit the notice or document in this manner or if the notice or document would not be likely to be seen if it were so exhibited.

(6) A notice or other document which cannot be exhibited in the circumstances referred to in paragraph (5)(b), or which in the case of a notice under article 19(3)(b) is to be served on a recipient whose address is not in the United Kingdom, may be served by displaying it at the office of the harbourmaster for the period of its duration; and a copy of any notice which is served in the manner provided by paragraph (4) or (5) shall be so displayed at that office for the period of its duration.

(7) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient has consented to the use of electronic transmission in writing or by electronic transmission.

(8) Where the recipient of a notice or other document served or sent by electronic transmission requests the sender within 7 days of receipt to provide a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.

(9) A recipient may revoke any consent to the use of electronic transmission in accordance with paragraph (10).

(10) Where a recipient is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) the recipient shall give notice in writing or by electronic transmission revoking any consent given by the recipient for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the recipient in the notice but that date shall not be less than 7 days after the date on which the notice is given.

(11) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

(12) This article does not apply to—

(a) a special direction; or

(b) a notice as to the removal of a vehicle under article 23(6); or

(c) a notice affixed to a vehicle under article 24(2)(b) or affixed to goods under article 25(1)(b).

(1)

1978 c.30.