Part IV

General

Provisions as to enforcement, and other general provisions

Notices, etc., and reckoning of periods.
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1
In this Act the expression “notice” means a notice in writing.
2
Any notice required or authorised by this Act to be given to an authority or body being a corporation shall be duly given if it is given to the secretary or clerk of the authority or body.
3
Any notice required or authorised by this Act to be given to any person may be given either—
a
by delivering it to that person; or
b
by leaving it at his proper address; or
c
by post;
so however that, where a notice is sent by post otherwise than in a registered letter, it shall be deemed not to have been given if it is proved that it was not received by the person to whom it was addressed.
4
For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of any person to whom such a notice as aforesaid is to be given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and, in any other case, be the last known address of the person to whom the notice is to be given:
Provided that, where the person to whom the notice is to be given has furnished an address for service in accordance with arrangements agreed in that behalf, his proper address for the purposes aforesaid shall be the address furnished.
5
If the name or the address of any owner, lessee or occupier of land to whom any such notice is to be given cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give the notice, the notice may be given by addressing it to the person to whom it is to be given by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the notice relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
6
The preceding provisions of this section shall apply to the submitting, furnishing or sending of a plan and section or other document as they apply to the giving of a notice.
7
For the purposes of this Act—
a
in reckoning any period which is therein expressed to be a period from or before a given date, that date shall be excluded; and
b
in reckoning any period therein mentioned of eight days or less which apart from this provision would include a day being a Sunday, Christmas Day, Good Friday or a bank holiday, that day shall be excluded.
In this subsection the expression “bank holiday” means a day which is, or is to be observed as, a bank holiday under the Banking and Financial Dealings Act 1971, in the locality in which the streetroad in question is situated.
Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)
1978 c. 30
(115:1).
Words substituted by virtue of Banking and Financial Dealings Act 1971 (c. 80, SIF 10), s. 4(1)
1971 c. 80
(10).
Word “road” in the definition of “bank holiday” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(28)