The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Further provision about giving notices E+W

8.—(1) This regulation applies to the giving of notices under these Regulations by a litter authority to any person.

(2) A notice may be given to the person by—

(a) handing it to the person,

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

(c) sending it by post to the person at that address, or

(d) sending it to the person by electronic means in accordance with paragraph (9).

(3) Unless the contrary is proved—

(a) a notice sent by first class post to an address in the United Kingdom is to be treated as having been given on the second working day after the day on which it was posted;

(b) a notice sent by first class post to an address outside the United Kingdom is to be treated as having been given on the fifth working day after the day on which it was posted;

(c) a notice sent by electronic means is to be treated as having been given on the working day immediately following the day on which it was sent.

(4) A notice to a body corporate may be given to a director or to the secretary or clerk of that body.

(5) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business.

(6) For the purposes of this regulation and of section 7 of the Interpretation Act 1978 (service of documents by post)(1) in its application to this regulation, the proper address of a person is—

(a) in the case of a body corporate or a director, secretary or clerk of a body corporate, the address of the body’s registered or principal office;

(b) in the case of a partnership, partner or person having the control or management of the partnership business, the address of the partnership’s principal office;

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

(7) Where a company registered outside the United Kingdom, or a partnership carrying on business outside the United Kingdom, has a principal office within the United Kingdom, its principal office is that office.

(8) If a person has informed the litter authority in writing of an address in the United Kingdom, other than the person’s proper address within the meaning of paragraph (6), as the one at which the person or someone on the person’s behalf will accept notices of the same description as a notice under these Regulations, that address is treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as the person’s proper address.

(9) A notice may be sent to a person by electronic means only if—

(a) the person has informed the litter authority that notices of that description may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and

(b) the notice is sent to that address in that form.

(10) In this regulation—

“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;

“working day” means a day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in England and Wales.

Commencement Information

I1 Reg. 8 in force at 1.4.2018, see reg. 1(2)

(1)

1978 c.30.

(2)

1971 c.80.