The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

PART 3 E+W Service of documents

Service of documents on a party to an appeal E+W

17.—(1) This paragraph applies to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal (an “appeal document”).

(2) An appeal document is to be regarded as having been sent to that party if it is—

(a) delivered to that party,

(b) left at that party’s proper address,

(c) sent by first class post to that party at that address, or

(d) transmitted to that party by fax or other means of electronic data transmission in accordance with sub-paragraph (3).

(3) An appeal 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 person sending the document that this form of communication is acceptable 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 sub-paragraph (3)(a) may be expressed to apply in relation to any appeal to which it is the respondent.

(5) For the purposes of this Schedule, and of section 7 (references to service by post) of the Interpretation Act 1978(1) (“the 1978 Act”) in its application to this paragraph—

(a) the proper address of the appellant is the address stated under paragraph 2(2)(b);

(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.

(6) If no address has been stated under paragraph 2(2)(b) or, as the case may be, specified by the enforcement authority, the proper address for the purposes of this Schedule, and section 7 of the 1978 Act, is—

(a) in the case of an individual, their 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.

(7) Where a party’s proper address includes a box number at a document exchange, the delivery of an appeal 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.

(8) A party may at any time, by notice in writing delivered to the proper officer, change their 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 sub-paragraph (3)(a).

(10) Unless the contrary is proved—

(a) where an appeal document is left at the proper address of a party it is to be taken to have been delivered on the second working day after the day on which it was left;

(b) where an appeal document is sent by fax or other means of electronic data transmission it is to be taken to have been delivered on the first working day after the day on which it was transmitted;

(c) where an appeal document is left at a document exchange in accordance with sub-paragraph (7) it is to be taken to have been delivered on the second working day after the day on which it was left.

Commencement Information

I1 Sch. 1 para. 17 in force at 31.5.2022, see reg. 1(2)

Delivery of documents to the proper officer E+W

18.—(1) This paragraph applies to any notice or other document required or authorised by or under this Schedule to be delivered to the proper officer (a “PO document”).

(2) A PO document may be delivered to the proper officer by being transmitted to the proper officer by fax or other means of electronic data transmission, but only to a FAX telephone number or, as the case may be, electronic address for the time being published by the proper officer for the purpose of receiving PO documents.

(3) Unless the contrary is proved, any PO document transmitted in accordance with sub-paragraph (2) is to be taken to have been delivered on the second working day after the day on which it was transmitted.

(4) Where the address of the proper officer 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.

(5) Unless the contrary is proved, any PO document which is left at a document exchange in accordance with sub-paragraph (4) is to be taken to have been delivered on the second working day after the day on which it was left.

Commencement Information

I2 Sch. 1 para. 18 in force at 31.5.2022, see reg. 1(2)

(1)

1978 c. 30.