The Conservation of Offshore Marine Habitats and Species Regulations 2017

Notices

81.—(1) Any notice required under these Regulations may be given to a person by—

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

(b) sending it by post to that person at that address; or

(c) where an address for receipt by electronic communication has been given by that person, sending it by means of electronic communication to that person at that address.

(2) Any such notice may—

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

(b) in the case of a limited liability partnership, be given to a member; and

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

(3) For the purpose of this regulation and of section 7 of the Interpretation Act 1978(1) (reference to service by post) in its application to this regulation, the proper address of any person to whom any such notice is to be given is 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 is 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 is the registered or principal office of that partnership; and

(c) in the case of a partnership (other than a limited liability partnership) or person having control of the partnership business, it is the principal office of that partnership.

(4) For the purposes of paragraph (3) the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(5) If a person (“P”) to be given any such notice has specified an address in the United Kingdom other than P’s proper address within the meaning of paragraph (3) as the one at which P or another person on P’s behalf will accept notices of the same description as that notice, that address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as P’s proper address.

(6) Where a notice is given by means of an electronic communication, it is deemed to be given by properly addressing and transmitting the electronic communication.

(7) Where a notice given by means of electronic communication is received by the recipient outside that person’s normal office hours, it will be taken to have been received on the next working day.

(8) In this regulation “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(2).

(1)

1978 c. 30.

(2)

1971 c. 80.