Part 6General and miscellaneous

Notices etc.

74Service of notices

(1)Service of a notice on a person under section 17(1)(a) or Part 4 must be effected—

(a)by delivering it to the person,

(b)by sending it to the person at a place mentioned in subsection (2)—

(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 notice to be recorded,

(c)in a case where a notice sent under paragraph (b) is returned to the person who sent it with an intimation that it could not be delivered—

(i)by delivering it, or

(ii)by sending it by post,

with that intimation to the Extractor of the Court of Session.

(2)The place referred to in subsection (1)(b) is—

(a)the person’s place of residence,

(b)the person’s place of business,

(c)a postal address which the person ordinarily uses, or

(d)if none of those places or that address is known at the time of delivery or posting, whatever place is at that time the person’s most recently known—

(i)place of residence,

(ii)place of business, or

(iii)postal address which the person ordinarily used.

(3)For the purposes of this Act, any of the following is sufficient evidence of service of the notice—

(a)an acknowledgement in the prescribed form signed by the person on whom the notice is served,

(b)in the case of a notice sent under subsection (1)(b), a certificate in the prescribed form signed by the sender of the notice and accompanied by the postal receipt,

(c)in the case of a notice delivered or sent under subsection (1)(c), an acknowledgement of receipt by the Extractor on a copy of the notice.

(4)The date on which a notice is served on a person is the date of delivery or (as the case may be) posting of the notice.

(5)In this section, “notice” includes an instalment document.