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Interpretation and Legislative Reform (Scotland) Act 2010

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26Service of documentsS

This section has no associated Explanatory Notes

(1)This section applies where an Act of the Scottish Parliament or a Scottish instrument authorises or requires a document to be served on a person (whether the expression “serve”, “give”, “send” or any other expression is used).

(2)The document may be served on the person—

(a)by being delivered personally to the person,

(b)by being sent to the proper address of the person—

(i)by a registered post service (as defined in section 125(1) of the Postal Services Act 2000 (c. 26)), or

(ii)by a postal service which provides for the delivery of the document to be recorded, or

(c)[F1where subsection (3) applies, by being sent to the person using electronic communications.]

[F1by being transmitted to the person electronically.]

(3)[F2This subsection applies where, before the document is served, the person authorised or required to serve the document and the person on whom it is to be served agree in writing that the document may be sent to the person by being transmitted to an electronic address and in an electronic form specified by the person for the purpose.]

(4)For the purposes of subsection (2)(b), the proper address of a person is—

(a)in the case of a body corporate, the address of the registered or principal office of the body,

(b)in the case of a partnership, the address of the principal office of the partnership,

(c)in any other case, the last known address of the person.

(5)Where a document is served as mentioned in subsection (2)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

(6)[F3Where a document is served as mentioned in subsection (2)(c) it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.]

[F3For the purposes of subsection (2)(c)—

(a)electronic transmission of a document must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,

(b)the recipient’s indication of willingness to receive a document in a particular way may be—

(i)specific to the document in question or generally applicable to documents of that kind,

(ii)expressed specifically to the sender or generally (for example on a website),

(iii)inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,

(c)the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document.]

Textual Amendments

F1S. 26(2)(c) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 8(1)(2)(a) (with s. 9)

F2S. 26(3) repealed (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 8(1)(2)(b) (with s. 9)

F3S. 26(6) substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 8(1)(2)(c) (with s. 9)

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