SCHEDULES

F1SCHEDULE 3AThe electronic communications code

PART 15Notices under the code

Procedures for giving notice

91

(1)

A notice given under this code must not be sent by post unless it is sent by a registered post service or by recorded delivery.

(2)

For the purposes, in the case of a notice under this code, of section 394 of this Act (service of notifications and other documents) and section 7 of the Interpretation Act 1978 (references to service by post), the proper address of a person (“P”) is—

(a)

if P has given the person giving the notice an address for service under this code, that address, and

(b)

otherwise, the address given by section 394.

(3)

Sub-paragraph (4) applies if it is not practicable, for the purposes of giving a notice under this code, to find out after reasonable enquiries the name and address of a person who is the occupier of land for the purposes of this code.

(4)

A notice may be given under this code to the occupier —

(a)

by addressing it to a person by the description of “occupier” of the land (and describing the land), and

(b)

by delivering it to a person who is on the land or, if there is no person on the land to whom it can be delivered, by affixing it, or a copy of it, to a conspicuous object on the land.

(5)

Sub-paragraph (6) applies if it is not practicable, for the purposes of giving a notice under this code, to find out after reasonable enquiries the name and address of the owner of an interest in land.

(6)

A notice may be given under this code to the owner—

(a)

by addressing it to a person by the description of “owner” of the interest (and describing the interest and the land), and

(b)

by delivering it to a person who is on the land or, if there is no person on the land to whom it can be delivered, by affixing it, or a copy of it, to a conspicuous object on the land.