The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Notices

This section has no associated Policy Notes

19.—(1) Any notice served under these Regulations must be in writing and may—

(a)contain conditions; and

(b)be amended, suspended or revoked in writing at any time.

(2) A notice may be served on a person by—

(a)delivering it to that person;

(b)leaving it at that person’s proper address; or

(c)sending it by post or by electronic means to the person’s proper address.

(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.

(4) In the case of a partnership, a notice may be served on or given to a partner or person having control or management of the partnership.

(5) In the case of an unincorporated association, a notice may be served on or given to an officer or a member of the governing body of the association or any other person having management responsibilities in respect of the association.

(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this regulation, “proper address” means—

(a)in the case of a body corporate or an officer of that body—

(i)the registered or principal office of that body; or

(ii)the email address of the officer;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of the partner or the person having that control or management;

(c)in the case of an unincorporated association or an officer of the association—

(i)the principal office of the association; or

(ii)the email address of the officer;

(d)in any other case, a person’s last known address or email address.

(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom.

(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(9) A notice may specify that a person in receipt of it must immediately inform an inspector of its safe receipt.

(10) In this regulation—

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate; and

“partnership” includes a Scottish partnership, but does not include a limited liability partnership.