Part 1

The Care Quality Commission
Chapter 6

Miscellaneous and General

Service of documents

Service of documents
93
1
Any notice required under this Part to be given to a person (“R”) may be given to R—
a
by being delivered personally to R,
b
by being sent to R—
i
by a registered post service, as defined by 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
subject to section 94, by being sent to R by an electronic communication.
2
Where a notice is given as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
2A
Where a notice is given as mentioned in subsection (1)(c) in accordance with section 94, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted; and in this subsection “working day” means any day other than—
a
a Saturday or Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act
1971 in England.
3
Any notice required under this Part to be given to a body corporate or firm is duly given if it is given to the secretary or clerk of that body or a partner of that firm.
4
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) in its application to this section, the proper address of a person is—
a
in the case of a person registered under Chapter 2 who has notified the Commission under regulations under section 16 (regulations about registration) of an address for service, that address, and
b
in any other case, the address determined in accordance with subsection (5).
5
That address is—
a
in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
b
in the case of a partner of a firm, the address of the principal office of the firm, and
c
in any other case, the last known address of the person.
6
In this section and in section 94—
a
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),
b
“notice” includes any other document, and
c
a reference to a notice being given by or to a person includes a reference to a notice being served by or on a person.
S. 93 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2
S. 93 applied (11.12.2009) by The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009 (S.I. 2009/3023), arts. 1(1), 18 (as amended (8.2.2010) by S.I. 2010/47, art. 2)
S. 93(2A) inserted (11.12.2009) by The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009 (S.I. 2009/3023), arts. 1(1), 19 (as amended (8.2.2010) by S.I. 2010/47, art. 2)
S. 93 applied (1.4.2010) by The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (S.I. 2010/781), regs. 1, 28(7)
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
S. 93 applied (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 22
S. 93 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 14 (with Pt. 3)
Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
S. 93 applied (temp.) (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936), regs. 1(5)(6), 24(7)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)