Service of noticeI17
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 19719 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.