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PART 3Enforcement

Service of documents

14.—(1) Any document required to be served on a person by virtue of these Regulations may be so served—

(a)by delivering it to that person or leaving it at the proper address of that person, by sending it by post to that person at that address, or by sending it to that person by fax or other electronic means, or

(b)if the person is a company, partnership, limited liability partnership or unincorporated association, by serving it in accordance with sub-paragraph (a) above on an official of that body.

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978(1) (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served is the person’s last known address except that in the case of service on—

(a)a company, it is the address of the registered or principal office of the company, or any place of business of the company,

(b)a partnership, it is the principal office of the partnership, or any place of business of the partnership,

(c)a limited liability partnership, it is the registered office of the limited liability partnership, and

(d)an unincorporated association, it is the principal office of the association, or any place where the association carries out its activities.

(3) For the purposes of paragraph (2), the principal office of a company registered outside the United Kingdom or of a partnership or unincorporated association carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Where a document is to be served by the compliance authority on a person by fax or other electronic means, the person must previously have indicated in writing to the compliance authority—

(a)that the person is willing to accept service by fax or other electronic means, and

(b)the fax number, email address or other electronic identification to which the document must be sent.

(5) Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy.

(6) A document sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9 am on the working day immediately following the day on which it was sent.

(7) In this regulation—

(a)“fax” means the making of a facsimile copy of a document by the transmission of electronic signals;

(b)“working day” means a day other than—

(i)Saturday or Sunday,

(ii)Christmas Day or Good Friday, or

(iii)a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in any part of the United Kingdom.