Legislation (Wales) Act 2019

Service of documents by post or electronically

13 Service of documents by post or electronically

(1) Where an Assembly Act or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document by post on another person (“B”), A serves the document if A properly addresses, pre-pays and posts a letter containing the document to B.

(2) Where an Assembly Act or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document electronically on another person (“B”), A serves the document if—

(a) A properly addresses and sends to B an electronic communication consisting of or containing the document, or to which the document is attached, and

(b) the document is sent in an electronic form which is capable of being accessed and retained by B.

(3) This section applies whether the Assembly Act or Welsh subordinate instrument uses the word “serve” or any other expression (such as “give” or “send”) to refer to the service of the document.

14 Day on which service is deemed to be effected

Where a document is served by post or electronically under an Assembly Act or a Welsh subordinate instrument, service is deemed to be effected, unless the contrary is proved—

(a) in the case of a document served by post, on the day on which the letter containing the document would arrive in the ordinary course of post;

(b) in the case of a document served electronically, on the day on which the electronic communication is sent.