The Listed Buildings (Notification and Publication) (Scotland) Regulations 2015

Service of notices

4.—(1) Notice under section 1A of the Act may be served on or given to a person—

(a) by being delivered personally to the person;

(b) by leaving it at the proper address of the person;

(c) by being sent to the proper address of the person—

(i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000(1)); or

(ii) by a postal service which provides for the delivery of the document to be recorded; or

(d) in a case where an address for service using an electronic communication has been given by the person (and that person has not withdrawn consent to the use of an electronic communication), by sending it using an electronic communication, in accordance with the condition set out in paragraph (5), to that person at that address.

(2) For the purposes of paragraph (1), the proper address of a person is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a partnership, the address of the principal office of the partnership;

(c) in any other case, the last known address of the person, or in the case where an address for service has been given by that person, that address.

(3) Where, after reasonable inquiry, it is not practicable to ascertain either or both—

(a) the name;

(b) the address,

of a person to be notified, the notice is taken to be served if the requirements of paragraph (4) are met.

(4) The requirements are that the notice is addressed to that person either by name or by the description of “the owner” or “the occupier” of the building; and—

(a) it is delivered or sent in the manner specified in paragraph (1)(a), (b) or (c); or

(b) it is plainly identifiable as a document of importance and is affixed to some conspicuous part of the building.

(5) The condition is that the notice must be—

(a) capable of being accessed by the person mentioned in paragraph (1)(d);

(b) legible in all material respects; and

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

(6) In this regulation—

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 (general interpretation)(2);

“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 served or given by means of a notice in printed form; and

“sent” includes served, submitted or given and cognate expressions are to be construed accordingly.

(1)

2000 c.26.

(2)

2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.