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Communications Act 2003

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This is the original version (as it was originally enacted).

394Service of notifications and other documents

This section has no associated Explanatory Notes

(1)This section applies where provision made (in whatever terms) by or under an enactment specified in subsection (2) authorises or requires—

(a)a notification to be given to any person; or

(b)a document of any other description (including a copy of a document) to be sent to any person.

(2)Those enactments are—

(a)this Act;

(b)the Office of Communications Act 2002 (c. 11);

(c)the enactments relating to the management of the radio spectrum (so far as not contained in this Act);

(d)Schedule 2 to the Telecommunications Act 1984 (c. 12);

(e)the 1990 Act; and

(f)the 1996 Act.

(3)The notification or document may be given or sent to the person in question—

(a)by delivering it to him;

(b)by leaving it at his proper address; or

(c)by sending it by post to him at that address.

(4)The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body.

(5)The notification or document may be given or sent to a firm by being given or sent to—

(a)a partner in the firm; or

(b)a person having the control or management of the partnership business.

(6)The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association.

(7)For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is—

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

(b)in the case of a firm, unincorporated body or association, the address of the principal office of the partnership, body or association;

(c)in the case of a person to whom the notification or other document is given or sent in reliance on any of subsections (4) to (6), the proper address of the body corporate, firm or (as the case may be) other body or association in question; and

(d)in any other case, the last known address of the person in question.

(8)In the case of—

(a)a company registered outside the United Kingdom,

(b)a firm carrying on business outside the United Kingdom, or

(c)an unincorporated body or association with offices outside the United Kingdom,

the references in subsection (7) to its principal office include references to its principal office within the United Kingdom (if any).

(9)In this section—

  • “document” includes anything in writing; and

  • “notification” includes notice;

and references in this section to giving or sending a notification or other document to a person include references to transmitting it to him and to serving it on him.

(10)This section has effect subject to section 395.

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