Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

How notice is to be served

7.—(1) This section governs service in proceedings by virtue of section 6—

(a) of notice on—

(i) a person (“A”) charged in the proceedings, or

(ii) A’s solicitor, or

(b) of notice that is counter-notice on the Director of Public Prosecutions for Northern Ireland (“the DPP”).

(2) Notice is served on 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 the person’s proper address, or

(d) where subsection (3) applies, sending it to the person by electronic means.

(3) This subsection applies where—

(a) the person on whom notice is to be served has indicated that it may be served on the person by being sent to an electronic address and in an electronic form specified by the person in that regard, and

(b) it is sent to that address in that form.

(4) Notice sent by electronic means is, unless the contrary is proved, to be treated as having been served at 09:00 on the working day immediately following the day on which it was sent.

(5) For the purposes of this section—

(a) an electronic address is any number or address used for sending or receiving documents or information by electronic means,

(b) a working day is a day other than a Sunday or a public holiday.

(6) The references in this section to a person’s proper address are to—

(a) where the person is A, A’s usual or last known address,

(b) where the person is—

(i) A’s solicitor, or

(ii) the DPP,

the address of the person’s office.

(7) In its application to service as governed by this section, section 24(1) of the Interpretation Act (Northern Ireland) 1954 is to be read as if the reference in that section to the person’s usual or last known place of abode or business were a reference to the person’s proper address.