The Street Works (Fixed Penalty) (Wales) Regulations 2008

Manner of service of a fixed penalty notice or a notice withdrawing a fixed penalty notice

5.—(1) Subject to paragraphs (5) and (7), where a person—

(a) has provided a street authority with an address for service on him or her of any notice under Schedule 4B to the 1991 Act (fixed penalties for certain offences under Part 3) by using a particular method for transmitting an electronic communication; and

(b) has not notified the authority that the address is withdrawn for that purpose,

such notice must be given by sending it to him or her at that address by that method, in accordance with the condition set out in paragraph (3).

(2) In any other case, a notice under that Schedule must be given by—

(a) sending it by first class post to the person to whom it is to be given at his or her proper address;

(b) delivering it to him or her;

(c) leaving it at his or her proper address; or

(d) any other means agreed with him or her.

(3) The condition referred to in paragraph (1) is that the notice must be—

(a) capable of being accessed by the person to whom it is being sent;

(b) legible in all material respects; and

(c) in a form which permits the notice to be retained for subsequent reference,

and for this purpose “legible in all material respects” means that the information contained in the notice is available to that person to no lesser extent than it would be if given by means of a notice in printed form.

(4) Subject to section 98(2) of the 1991 Act (reckoning of periods), where an electronic communication is used for the purpose of serving a notice under Schedule 4B to that Act, then, unless the contrary is proved, the notice will be deemed to be given on the day and at the time recorded by the transmitting apparatus as being the day and time of satisfactory completion of the transmission.

(5) Where, after three attempts (duly recorded by the person serving the notice) to effect service by using one particular method for transmitting an electronic communication, service cannot be effected, the notice may be given by serving it upon the person to whom it is to be given by any other such method for which an address is available by virtue of paragraph (1) or by any of the other means referred to in paragraph (2).

(6) Subject to paragraph (7), for the purposes of this regulation, the proper address of any person to whom a notice under Schedule 4B to the 1991 Act is to be given, is to be—

(a) where such person has provided the street authority giving the notice with an address for postal service of such notices, that address; and

(b) otherwise—

(i) in the case of a corporation, the registered or principal office of the corporation; and

(ii) in any other case, the last known address of such person.

(7) A person may provide different addresses for different notices or different classes of notice.