The Biodiversity Gain Site Register Regulations 2024

Address to be used for a notice given otherwise than in connection with an application under these Regulations

40.—(1) This regulation applies to a notice given by the register operator to a person under these Regulations otherwise than in connection with an application made by that person.

(2) Subject to paragraphs (3) and (5), the person’s proper address for the purposes of regulation 38(1)(a) is—

(a) where the person is a body corporate, the address of its registered or principal office;

(b) where the person is a partnership or other incorporated association, the address of its principal office;

(c) in any other case, the person’s last known residential or business address.

(3) Where, despite making reasonable inquiries, the register operator is unable to ascertain an address which is the person’s proper address as provided by paragraph (2), the person’s proper address for the purposes of regulation 38(1)(a) is any address at which the register operator reasonably believes that the notice will be received by—

(a) the person;

(b) where the person is a body corporate, an officer or clerk of the body corporate;

(c) where the person is a partnership, a partner or person having control or management of the partnership business;

(d) where the person is an unincorporated association other than a partnership, an officer or member of the association.

(4) Subject to paragraph (5), the person’s appropriate email address for the purposes of regulation 38(1)(b) is any email address at which the register operator reasonably believes that the email will be received by—

(a) the person;

(b) where the person is a body corporate, an officer or clerk of the body corporate;

(c) where the person is a partnership, a partner or person having control or management of the partnership business;

(d) where the person is an unincorporated association other than a partnership, an officer or member of the association.

(5) In the case of a notice given to a person under regulation 23(7) or 29(8)—

(a) the person’s proper address for the purposes of regulation 38(1)(a) is the address provided by that person under regulation 23(6)(a) or 29(7)(a) (as the case may be);

(b) the person’s appropriate email address for the purposes of regulation 38(1)(b) is the email address provided by that person under regulation 23(6)(b) or 29(7)(b) (as the case may be).