PART 6MISCELLANEOUS AND GENERAL

General

43Giving notices etc.

(1)This section applies where a provision of this Act or of regulations made under this Act requires or authorises a person to—

(a)notify another person of something, or

(b)give a document to another person (whether the provision uses the word “serve” or “give” or any other term).

(2)The notification or other document may be given to the person in question in any of the following ways—

(a)by handing it to the person;

(b)by leaving it, addressed to the person, at the person’s proper address;

(c)by sending it by pre-paid post, addressed to the person at the person’s proper address;

(d)if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication that complies with the conditions in subsection (9).

(3)The reference in subsection (2)(a) to handing a notification or other document to a person is—

(a)if the person is a body corporate, a reference to handing it to an officer of the body;

(b)if the person is a partnership, a reference to handing it to a partner.

(4)The reference in subsection (2)(b) and (c) to a notification or other document being addressed to a person is—

(a)if the person is a body corporate, a reference to its being addressed to the body corporate, or to an officer of the body;

(b)if the person is a partnership, a reference to its being addressed to the partnership, or to a partner.

(5)Subsections (6) to (8) apply for the purposes of determining a person’s proper address as referred to in subsections (2)(b) and (c).

(6)If the person has given an address for the service of a specific notification or other document, that address is the person’s proper address for the purposes of the service of that notification or other document.

(7)In the case of service of a notification or other document in respect of which the person has not given an address for service as described in subsection (6), if the person has given an address for the service of documents generally, that address is the person’s proper address for the purposes of the service of the notification or other document.

(8)In the case of service of a notification or other document where the person has neither given an address for service as described in subsection (6) in respect of that notification or document, nor given an address for the service of documents generally, the person’s proper address for the purposes of the service of the notification or other document is—

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

(b)if the person is a partnership, the address of the principal office of the partnership;

(c)in any other case, the person’s last known residence or place of business.

(9)The conditions referred to in subsection (2)(d) are that the notification or other document is—

(a)capable of being accessed by the person to whom it is sent,

(b)legible in all material respects, and

(c)capable of being used for subsequent reference.

(10)For the purposes of this section—

(a)the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is their principal office within the United Kingdom;

(b)officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.