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Public Services Ombudsman (Wales) Act 2019

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This is the original version (as it was originally enacted).

22Serving a costs recovery notice

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(1)This section applies to the service of a costs recovery notice under section 21.

(2)The costs recovery notice may be served on a person—

(a)by being delivered personally to the person,

(b)by leaving it at the person’s proper address,

(c)by being sent by post to the person’s proper address, or

(d)where subsection (3) applies, by sending it electronically to an address provided for that purpose.

(3)This subsection applies where the person to whom the costs recovery notice is to be issued has agreed in writing that it may be sent electronically.

(4)For the purposes of subsection (2)(a), a costs recovery notice may be delivered personally to a body corporate by giving it to the secretary or clerk of that body.

(5)Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(b), the costs recovery notice is to be treated as having been received at the time it was left at the person’s proper address unless the contrary is shown.

(6)For the purposes of subsections (2)(b) and (c), the proper address of a person is—

(a)in the case of a body corporate, the address of the registered or principal office of the body;

(b)in the case of a person acting in their capacity as a partner in a partnership, the address of the principal office of the partnership;

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

(7)Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(c) by sending it to an address in the United Kingdom, the costs recovery notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown.

(8)Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(d), the costs recovery notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown.

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