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Special Educational Needs Tribunal Regulations (Northern Ireland) 1997

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Method of sending, delivering or serving notices and documents

40.—(1) A notice given under these Regulations shall be in writing and where under these Regulations provision is made for a party to notify the Secretary of the Tribunal of any matter he shall do so in writing.

(2) All notices and documents required by these Regulations to be sent or delivered to the Secretary of the Tribunal or the tribunal may be sent by post or by facsimile or delivered to or at the office of the Tribunal or such other office as may be notified by the Secretary of the Tribunal to the parties.

(3) All notices and documents required or authorised by these Regulations to be sent or given to any person mentioned in sub-paragraph (a) or (b) may (subject to paragraph (5)) either be sent by first class post or by facsimile or delivered to or at—

(a)in the case of a notice or document directed to a party—

(i)his address for service specified in the notice of appeal or in a written reply or in a notice under paragraph (4); or

(ii)if no address for service has been so specified his last known address; and

(b)in the case of a notice or document directed to any person other than a party, his address or place of business or if such a person is a corporation, the corporation’s registered or principal office and if sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.

(4) A party may at any time by notice to the Secretary of the Tribunal change his address for service under these Regulations.

(5) The recorded delivery service shall be used instead of the first class post for service of a summons issued under regulation 22 requiring the attendance of a witness.

(6) A notice or document sent by the Secretary of the Tribunal by post in accordance with these Regulations, and not returned, shall be taken to have been delivered to the addressee on the second working day after it was posted.

(7) A notice or document sent by facsimile shall be taken to have been delivered when it is received in legible form.

(8) Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this regulation, the President may dispense with service or make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under this regulation.

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