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The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001

Status:

This is the original version (as it was originally made).

Service of documents

17.—(1) This paragraph has effect in relation to any notice or other document required or authorised by this Schedule to be sent to a party to an appeal.

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

(a)delivered to him;

(b)left at his proper address;

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

(d)transmitted to him by FAX or other means of electronic data transmission in accordance with sub-paragraphs (3), (4) and (5).

(3) A document may be transmitted by FAX where the party has indicated in writing to the proper officer that he is willing to regard a document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.

(4) In the case of a charging authority, an indication under sub-paragraph (3) can be expressed to apply to any appeal to which they are a respondent.

(5) Sub-paragraphs (3) and (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.

(6) Where the proper address includes a numbered box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every business day to that exchange.

(7) Any document which is left at a document exchange in accordance with sub-paragraph (6) shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.

(8) For the purposes of this Schedule and of section 7 of the Interpretation Act 1978(1) in its application to this paragraph—

(a)the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph 2(2)(b) or, if no such address is so specified, the address specified pursuant to paragraph 2(2)(a); and

(b)the proper address of a charging authority in proceedings to which they are the respondent is such address as the charging authority from time to time specify in a notice delivered to the proper officer as their proper address in all such proceedings.

(9) If no address for service has been specified, the proper address for the purposes of this Schedule and of section 7 of the Interpretation Act 1978 shall be—

(a)in the case of an individual, his usual or last known address;

(b)in the case of a partnership, the principal or last known place of business of the partnership within the United Kingdom; or

(c)in the case of an incorporated or unincorporated body, the registered or principal office of the body.

(10) An appellant may at any time by notice to the proper officer change his proper address for service for the purposes of this Schedule and of section 7 of the Interpretation Act 1978.

(11) A party may by notice in writing delivered to the proper officer vary or revoke any indication given by him under sub-paragraph (3).

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