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(1)This section applies where an Act of the Scottish Parliament or a Scottish instrument authorises or requires a document to be served on a person (whether the expression “serve”, “give”, “send” or any other expression is used).
(2)The document may be served on the person—
(a)by being delivered personally to the person,
(b)by being sent to the proper address of the person—
(i)by a registered post service (as defined in section 125(1) of the Postal Services Act 2000 (c. 26)), or
(ii)by a postal service which provides for the delivery of the document to be recorded, or
(c)where subsection (3) applies, by being sent to the person using electronic communications.
(3)This subsection applies where, before the document is served, the person authorised or required to serve the document and the person on whom it is to be served agree in writing that the document may be sent to the person by being transmitted to an electronic address and in an electronic form specified by the person for the purpose.
(4)For the purposes of subsection (2)(b), 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 partnership, the address of the principal office of the partnership,
(c)in any other case, the last known address of the person.
(5)Where a document is served as mentioned in subsection (2)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.
(6)Where a document is served as mentioned in subsection (2)(c) it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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