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The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

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Service of notices

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26.—(1) Any notice to be given by an enforcement authority under regulation 9, 10, 11, 17, 22 or 25–

(a)must be in writing and signed by an authorised officer acting on behalf of the enforcement authority;

(b)if purporting to bear the signature (which includes a facsimile of a signature by whatever means reproduced) of a person who is expressed to be an authorised officer, shall be deemed, unless the contrary is proven, to have been duly issued by such an authorised officer;

(c)subject to paragraph (2), must be given to the feed business operator or, in the case of a notice given under regulation 25, to the person mentioned in regulation 25(2)(a) by —

(i)delivering it to that person; or

(ii)by leaving it, or sending it in a prepaid letter addressed to that person at that person’s office; or

(iii)in the case of an incorporated company or body, by delivering the notice to its secretary or clerk at its registered or principal office, or by sending it in a prepaid letter addressed to that person at that office; or

(iv)in the case of any other person by leaving it or sending it in a prepaid letter addressed to that person at that person’s usual or last known residence.

(2) Where it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom the notice should be served, or where the premises in which a feed business is carried on are unoccupied, the notice may be addressed to the “owner” or “occupier” of the premises in which the feed business is carried on, and delivered to some person on those premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

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