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PART 2Highways: miscellaneous

5Service of notices under section 4

(1)A notice under section 4(4), (8) or (11)(a) may be served by post.

(2)Where the person on whom a notice to be served is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3)For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this section, the proper address of any person in relation to the service on him of a notice under subsection (1) is, if he has given an address for service, that address, and otherwise—

(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b)in any other case, his last known address at the time of service.

(4)If, for the purposes of serving a notice under section 4(4) the name or address of the relevant owner cannot be ascertained after reasonable enquiry, the notice may be served by—

(a)addressing it to him by name or by the description of “owner” of the land (describing it); and

(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5)This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.