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The Bus Lane Contraventions (Charges, Adjudication and Enforcement) (Scotland) Regulations 2011

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Service of documents on the parties

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27.—(1) This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal.

(2) Any document is to be regarded as having been sent to that party if it is—

(a)delivered personally to that party;

(b)left at that party’s proper address;

(c)sent by post to that party at that address; or

(d)transmitted to that party by fax or by email in accordance with paragraph (3).

(3) A document may be transmitted to a party by fax or by email where—

(a)the party has indicated in writing that the party is willing to regard a document as having been duly sent to the party if it is transmitted to a specified fax telephone number or, as the case may be, a specified email address; and

(b)the document is transmitted to that number or address.

(4) In the case of an authority, an indication under paragraph (3)(a) may be expressed to apply in relation to any appeal to which it is the respondent.

(5) Where the proper address includes a box number at a document exchange the delivery of such a document may be effected by leaving the document addressed to that box number—

(a)at that document exchange; or

(b)at a document exchange which transmits documents every working day to that exchange,

and any such document so left is to be taken to have been delivered on the second working day after the day on which it was left.

(6) For the purposes of these Regulations—

(a)the proper address of the appellant is the address for service specified pursuant to regulation 12(3)(c) or, if no address is so specified, the address specified pursuant to regulation 12(3)(b); and

(b)the proper address of an authority in proceedings in which it is the respondent is such address as the authority from time to time specifies in a notice delivered to the proper officer as being the authority’s address for service in all such proceedings.

(7) A party may at any time, by notice in writing delivered to the proper officer, change that party’s proper address for the purposes of this Part.

(8) A party may, by notice in writing delivered to the proper officer, vary or revoke any indication given under paragraph (3)(a).

(9) A notice or document—

(a)left at the proper address of a party is to be taken to have been delivered on the first working day after the day on which it was left;

(b)sent by fax or other means of electronic transmission is to be taken to have been delivered on the first working day after the day on which it was transmitted.

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