The Biodiversity Gain Site Register Regulations 2024

PART 11 Notices

Methods of giving notice under these Regulations

38.—(1) A notice under these Regulations may be given to a person by—

(a) sending it by post to the person at the person’s proper address, or

(b) sending it to the person by email to the person’s appropriate email address

(and see regulations 39 and 40 for the meaning of “proper address” and “appropriate email address”).

(2) A notice given to a person under these Regulations by sending it to the person by email is to be treated as having been given to that person 24 hours after it was sent.

Address to be used for a notice given in connection with an application under these Regulations

39.—(1) This regulation applies to a notice given by the register operator to a person under these Regulations in connection with an application made by that person.

(2) The person’s proper address for the purposes of regulation 38(1)(a) is (subject to paragraph (4)) the address for receipt of notices sent by post included in the application under regulation 8(2)(b), 13(1)(c), 17(10)(c)(i) or 24(5)(c) (as the case may be).

(3) The person’s appropriate email address for the purposes of regulation 38(1)(b) is (subject to paragraph (5)) the address for receipt of notices sent by email included in the application under regulation 8(2)(c), 13(1)(d), 17(10)(c)(ii) or 24(5)(d) (as the case may be).

(4) Where, since making an application under these Regulations, a person has notified the register operator in writing of a change of address for receipt of notices sent by post under these Regulations in connection with the application, the person’s proper address in relation to any such notice is the address most recently provided in writing to the register operator by that person for receipt of notices sent by post under these Regulations in connection with the application.

(5) Where, since making an application under these Regulations, a person has notified the register operator in writing of a change of address for receipt of notices sent by email under these Regulations in connection with the application, the person’s appropriate email address in relation to any such notice is the address most recently provided in writing to the register operator by that person for receipt of notices sent by email under these Regulations in connection with the application.

Address to be used for a notice given otherwise than in connection with an application under these Regulations

40.—(1) This regulation applies to a notice given by the register operator to a person under these Regulations otherwise than in connection with an application made by that person.

(2) Subject to paragraphs (3) and (5), the person’s proper address for the purposes of regulation 38(1)(a) is—

(a) where the person is a body corporate, the address of its registered or principal office;

(b) where the person is a partnership or other incorporated association, the address of its principal office;

(c) in any other case, the person’s last known residential or business address.

(3) Where, despite making reasonable inquiries, the register operator is unable to ascertain an address which is the person’s proper address as provided by paragraph (2), the person’s proper address for the purposes of regulation 38(1)(a) is any address at which the register operator reasonably believes that the notice will be received by—

(a) the person;

(b) where the person is a body corporate, an officer or clerk of the body corporate;

(c) where the person is a partnership, a partner or person having control or management of the partnership business;

(d) where the person is an unincorporated association other than a partnership, an officer or member of the association.

(4) Subject to paragraph (5), the person’s appropriate email address for the purposes of regulation 38(1)(b) is any email address at which the register operator reasonably believes that the email will be received by—

(a) the person;

(b) where the person is a body corporate, an officer or clerk of the body corporate;

(c) where the person is a partnership, a partner or person having control or management of the partnership business;

(d) where the person is an unincorporated association other than a partnership, an officer or member of the association.

(5) In the case of a notice given to a person under regulation 23(7) or 29(8)—

(a) the person’s proper address for the purposes of regulation 38(1)(a) is the address provided by that person under regulation 23(6)(a) or 29(7)(a) (as the case may be);

(b) the person’s appropriate email address for the purposes of regulation 38(1)(b) is the email address provided by that person under regulation 23(6)(b) or 29(7)(b) (as the case may be).