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7.—(1) A notice required to be given under regulation 4 may be—
(a)given by hand;
(b)sent by fax;
(c)sent by postal service in which delivery or receipt is recorded to:-
(i)an address provided for correspondence by the person or his representative; or
(ii)where no address for correspondence has been provided by the person, the last-known or usual place of abode or place of business of the person or his representative.
(2) Where—
(a)a person’s whereabouts are not known; and
(b)(i)no address has been provided for correspondence and the decision-maker does not know the last-known or usual place of abode or place of business of the person; or
(ii)the address provided to the decision-maker is defective, false or no longer in use by the person; and
(c)no representative appears to be acting for the person,
the notice shall be deemed to have been given when the decision-maker enters a record of the above circumstances and places the signed notice on the relevant file.
(3) Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located, he shall be given a copy of the notice and details of when and how it was given as soon as is practicable.
(4) Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been served, unless the contrary is proved,—
(a)on the second day after it was posted if it is sent to a place within the United Kingdom;
(b)on the twenty-eighth day after it was posted if it is sent to a place outside the United Kingdom.
(5) For the purposes of paragraph (4) the period is to be calculated—
(a)excluding the day on which the notice is posted; and
(b)in the case of paragraph (4)(a), excluding any day which is not a business day.
(6) In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in the part of the United Kingdom to which the notice is sent, Christmas Day or Good Friday.
(7) A notice given under regulation 4 may, in the case of a minor who does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.
Commencement Information
I1Reg. 7 in force at 1.4.2003, see reg. 1
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