The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009

Notices

10.—(1) Any notice or other document served or given under these Regulations by an appropriate authority or regulator must be in writing or by electronic communication.

(2) Subject to paragraph (3), any notice or other document (including but not limited to documents arising from or connected to proceedings in the courts of England and Wales, Scotland and Northern Ireland) may be served on or given to a person by—

(a) where applicable, leaving it at a postal address for service provided pursuant to regulation 3(3)(a)(i) or regulation 4(6)(a);

(b) sending it by post to the person at an address falling under sub-paragraph (a);

(c) where an address for service using electronic communications has been provided by a person pursuant to regulation 3(3)(a)(ii) or regulation 4(6)(b), sending it using electronic communications to that person at the address provided.

(3) Where any such notice or other document falling under paragraph (2) is to be served on a person that has not provided a postal address for service or an address for service using electronic communications, any such notice or other document may be served on or given to a person by—

(a) leaving it at the person’s proper address; or

(b) sending it by post to the person at that address.

(4) Any such notice or other document may—

(a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body;

(b) in the case of a limited liability partnership, be served on a member; or

(c) in the case of a partnership (other than a limited liability partnership), be served on or given to a partner or person having control or management of the partnership business.

(5) For the purpose of this regulation 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 any person on or to whom any such notice or other document is to be served or given must be the person’s last known address, except that—

(a) in the case of a body corporate (other than a limited liability partnership) or its secretary or clerk, it must be the address of the registered or principal office of that body;

(b) in the case of a limited liability partnership or a member of a limited liability partnership, it must be the registered or principal office of that partnership;

(c) in the case of a partnership (other than a limited liability partnership) or person having the control or management of the partnership business, it must be the principal office of the partnership,

and, where applicable, for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on a business outside the United Kingdom must be its principal office within the United Kingdom.

(6) If the person to be served with or given any such notice or document has specified an address (including an address for service using electronic communications) other than the person’s proper address as the one at which the person or someone on the person’s behalf will accept notices or documents of the same description as that notice or document, that address must also be treated for the purpose of this regulation and section 7 of the Interpretation Act 1978 as the person’s proper address.

(7) Where a notice or document is served or given using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.

(1)

1978 c.30.