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.