Search Legislation

Forth Crossing Act 2011

Status:

This is the original version (as it was originally enacted).

76Formal communications

This section has no associated Explanatory Notes

(1)A “formal communication” means any notice (or counter-notice) or objection served or given under this Act.

(2)A formal communication must be in writing (and, if sent by email, fax or other electronic means, is to be treated as being in writing only if it is legible and capable of being used for subsequent reference).

(3)A formal communication is served or given if it is—

(a)hand delivered to the person concerned,

(b)sent, by first class post or by using a registered or recorded delivery postal service, in an envelope or package addressed—

(i)where sent to an individual, to the individual at the individual’s principal place of business or usual or last known abode, and

(ii)where sent to a body, to the body at its registered or principal office,

(c)sent to the person concerned in any other way (including by email, fax or other electronic means) which the sender reasonably considers likely to cause it to be delivered on the same or next day, or

(d)served or given in accordance with subsection (5).

(4)A formal communication may be served or given in a way described in subsection (3)(c) only if the person to whom it is sent has previously agreed to it being sent in that way (such agreement to be given by notifying the sender to that effect).

(5)Where a person, having made reasonable inquiries, is unable to ascertain the name or address of a person in respect of whom a formal communication relating to land is to be served or given, the formal communication may be served or given by—

(a)addressing it to the person concerned by name or by a description of the person’s interest in the land (for example: “the owner” or “the occupier”), and

(b)fixing to a building or object on, or to a conspicuous part of, the land to which the formal communication relates (or, where that is not practical, to a building or object near that land).

(6)A formal communication is, unless the contrary is proved, to be treated as having been served or given—

(a)where hand delivered, on the day of delivery,

(b)where posted, on the day on which it would be delivered in the ordinary course of post,

(c)where sent in a way described in subsection (3)(c), on the day after it is sent, or

(d)where served or given in accordance with subsection (5), on the day on which it is fixed on or near the land to which it relates.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources