PART 15GENERAL

Service of documents

398Service of notices and other documents: general

(1)

This section applies where a provision contained in or made under this Act requires or authorises a notice or other document to be served on a person (whether the provision uses the word “serve” or “give” or any other term).

(2)

The document may be served on the person 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 using a registered post service or a recorded delivery service—

(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 communications, 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 an electronic communication is used to serve a document on a person and is received by the person outside the person’s business hours, the document is to be treated as having been served on the next working day.

(5)

Subsection (2)(d) does not apply to the service of—

(a)

an enforcement investigation notice;

(b)

a copy of a temporary stop notice;

(c)

a breach of condition notice or a notice withdrawing a breach of condition notice;

(d)

a copy of an enforcement notice;

(e)

a notice that an enforcement notice has been withdrawn or that any of its requirements have been waived or relaxed;

(f)

a notice under section 143(6) of an intention to enter land and take steps required by an enforcement notice;

(g)

a copy of a stop notice, or a notice that a stop notice has been withdrawn;

(h)

a copy of a tree preservation order or woodland preservation order, or a notice of the making of such an order, in accordance with tree preservation regulations;

(i)

a copy of a maintenance of land notice;

(j)

an information notice.

(6)

See section 233 of the Local Government Act for additional provision about the methods by which certain local authorities may serve documents.

(7)

This section is subject to any provision to the contrary made by or under this Act.