43Service of notices and other documents(1)

This section applies where a provision of this Act requires or authorises a notice, direction or other document to be given to a person (whether the provision uses the word “give”, “serve”, “send” or any other expression).

(2)

The document may be given in any of the following ways—

(a)

by handing it to the person or, in the case of a person who is a body corporate, handing it to the secretary or clerk of the body at its registered or principal office;

(b)

by leaving it at the person’s usual or last known place of residence or, if the person has given an address for service, at that address;

(c)

by sending it by post in a pre-paid letter—

(i)

addressed to the person at the person’s usual or last known place of residence or, in the case of a person who is a body corporate, addressed to the secretary or clerk of the body at its registered or principal office, or

(ii)

if the person has given an address for service, addressed to the person at that address;

(d)

if the person has given an address for service using electronic communication, by sending it to the person at that address using an electronic communication that complies with the conditions in subsection (3).

(3)

The conditions are that the 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.

(4)

Where a document is served by leaving it at an address in accordance with subsection (2)(b), service is deemed to be effected, unless the contrary is proved, on the day the document is left at that address.

(5)

Where an electronic communication is used to serve a document on a person in accordance with subsection (2)(d) and is received by the person outside the person’s normal business hours, service is deemed to be effected on the next working day.

(6)

Sections 231 and 233 of the Local Government Act 1972 (c. 70) do not apply to documents to be given under this Act to or by a county council, a county borough council, a community council or a corporate joint committee.