Part 6General and miscellaneous
Notices etc.
I174Service of notices
1
Service of a notice on a person under section 17(1)(a) or Part 4 must be effected—
a
by delivering it to the person,
b
by sending it to the person at a place mentioned in subsection (2)—
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 notice to be recorded,
c
in a case where a notice sent under paragraph (b) is returned to the person who sent it with an intimation that it could not be delivered—
i
by delivering it, or
ii
by sending it by post,
with that intimation to the Extractor of the Court of Session.
2
The place referred to in subsection (1)(b) is—
a
the person's place of residence,
b
the person's place of business,
c
a postal address which the person ordinarily uses, or
d
if none of those places or that address is known at the time of delivery or posting, whatever place is at that time the person's most recently known—
i
place of residence,
ii
place of business, or
iii
postal address which the person ordinarily used.
3
For the purposes of this Act, any of the following is sufficient evidence of service of the notice—
a
an acknowledgement in the prescribed form signed by the person on whom the notice is served,
b
in the case of a notice sent under subsection (1)(b), a certificate in the prescribed form signed by the sender of the notice and accompanied by the postal receipt,
c
in the case of a notice delivered or sent under subsection (1)(c), an acknowledgement of receipt by the Extractor on a copy of the notice.
4
The date on which a notice is served on a person is the date of delivery or (as the case may be) posting of the notice.
5
In this section, “notice” includes an instalment document.