The Road Works (Scottish Road Works Register, Notices, Directions and Designations) (Scotland) Regulations 2008

Prescribed manner of service of notices

5.—(1) Subject to paragraphs (2) and (4), where under the Act or these Regulations an undertaker is under an obligation to give notice within a specified period of works beginning, such notice, at the option of the person giving it, shall be given by–

(a) sending it to the person to whom it is addressed at that person’s proper address by using an electronic communication in accordance with the conditions set out in paragraph (5);

(b) delivering it to that person at that address; or

(c) any other means agreed between the person giving it and the person to whom it is to be sent.

(2) Where the person to whom an undertaker is obliged to give such notice does not have arrangements for receiving and responding to notices for any period between 4.30 pm and 9.00 am the following day, the undertaker shall have complied with that obligation if the undertaker serves a notice by 10.00 am on that following day.

(3) Subject to paragraph (4), in any other case under the Act or these Regulations, where any person is required or authorised to give a notice, such notice, at the option of the person giving it, shall be given by–

(a) sending it to the person to whom it is to be given at that person’s proper address by using an electronic communication in accordance with the conditions set out in paragraph (5);

(b) delivering it to the person;

(c) leaving it at the person’s proper address;

(d) sending it by first class post to the person at their proper address; or

(e) any other means agreed between the person giving it and the person to whom it is to be sent.

(4) Paragraphs (1)(a) and (3)(a) shall only apply where the person to whom a notice is to be given has provided the person giving the notice with an address for service using an electronic communication and has not notified the latter that the address is withdrawn for that purpose.

(5) The conditions mentioned in paragraphs (1)(a) and (3)(a) are that the notice shall be–

(a) capable of being accessed by the person to whom it is being sent;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference,

and for this purpose “legible in all material respects” means that the information contained in the notice is available to that person to no lesser extent than it would be if given by means of a notice in printed form.

(6) Subject to paragraph (7), where an electronic communication is used for the purpose of giving a notice, then, unless the contrary is proved, the notice shall be deemed to be given at the time of day recorded by the transmitting apparatus as being the time of satisfactory completion of the transmission.

(7) Where, after three attempts (duly recorded by the person serving the notice) to effect service by using an electronic communication, service cannot be effected, the notice may be given by serving it upon the person to whom it is addressed by any of the other means referred to in paragraph (3).

(8) Subject to paragraph (9), for the purposes of this regulation, the proper address of any person to whom notice is to be given shall be–

(a) where such person has furnished to the person giving the notice an address for service of notices under the Act other than by using an electronic communication or postal service, that address;

(b) where such person has furnished to the person giving the notice an address for postal service of notices under the Act, that address;

(c) where such person has furnished to the person giving the notice an address for service of notices under the Act by using an electronic communication, that address; and

(d) otherwise–

(i) in the case of a corporation, the registered or principal office of the corporation; or

(ii) in any other case, the last known address of such person.

(9) A person may furnish different addresses for different notices or different classes of notice.

(10) In this regulation “address”, in relation to an electronic communication, means any number or address used for the purposes of such communication.