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16.—(1) Any penalty charge notice, charge certificate or other notice to be served by the licensing authority under these Regulations (“a relevant notice”) may be served—
(a)by delivering it to that person or by leaving it at that person’s proper address,
(b)by sending it by first class (but not second class) post to that person at that address, or
(c)if the person is a body corporate, by serving it in accordance with sub-paragraph (a) or (b) on the secretary, clerk or principal officer of that body,
(d)if the person is a partnership, by serving it in accordance with sub-paragraph (a) or (b) on a partner or a person having the control or management of the partnership business, or
(e)by means of any form of electronic communication which is agreed with the person to whom it is to be sent.
(2) For the purposes of paragraph (1), and of section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this regulation, the proper address of a person is—
(a)in the case of an individual, that person’s last known address,
(b)in the case of the secretary, clerk or principal officer of a body corporate, the address of the registered office of the body or its principal office in the United Kingdom,
(c)in the case of a partner in, or a person having the control or management of, a partnership, it is the address of the principal office of the partnership in the United Kingdom,
but subject to paragraph (3).
(3) If a person to be served with a relevant notice has notified the licensing authority of an address within the United Kingdom other than that person’s proper address at which that person, or another acting on that person’s behalf, will accept service of a relevant notice, that address is the person’s proper address.
(4) Unless the contrary is proved, service of a relevant notice sent by a form of electronic communication shall, if sent to an agreed fax telephone number or electronic address, be taken to have been effected on the first working day after the day on which it was transmitted.
(5) In paragraph (4), “working day” means any day except—
(a)a Saturday or a Sunday;
(b)New Year’s Day;
(c)Good Friday;
(d)Christmas Day; and
(e)any other day which is a bank holiday in England under the Banking and Financial Dealings Act 1971(2).
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