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The Serbia and Montenegro (United Nations Sanctions) Order 1993

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Notices

17.—(1) This article has effect in relation to any notice required by article 10 to be served on or given to any person.

(2) Any such notice may be served on or given to any person—

(a)by delivering it to him, or

(b)by leaving it at his proper address, or

(c)by sending it by post to him at that address, or

(d)by sending it to him at that address by telex or other similar means which produces a document containing the text of the communication, or

(e)in the case of a notice to be served under article 10(1) or (2) by affixing it to the ship, goods vehicle or aircraft concerned.

(3) Any such notice may, in the case of a body corporate, be served on or given to the secretary, clerk or similar officer of that body.

(4) For the purposes of this article and section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this article, the proper address of any person on whom or to whom any notice is to be served or given is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).

(5) In the case of a person registered under any of the United Kingdom registration provisions as the owner of any ship, or goods vehicle, so registered or as a person entitled as owner to a legal interest in an aircraft so registered or a share therein, the address for the time being recorded in relation to him in the register in which the ship, or goods vehicle or aircraft is registered shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.

(6) If the person on whom or to whom any notice mentioned in paragraph (1) of this article is to be served or given has notified the Secretary of State of an address within the United Kingdom, other than an address determined under paragraph (4) or (5) of this article, as the one at which he or someone else on his behalf will accept such notices, that address shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.

(7) Any notice mentioned in paragraph (1) of this article shall, where there are two or more owners registered under any of the United Kingdom registration provisions, be treated as duly served on or given to each of those owners—

(a)in the case of a ship in relation to which a managing owner is for the time being registered under section 59(1) of the Merchant Shipping Act 1894, if served on or given to that managing owner, and

(b)in any other case, if served on or given to any one of the registered owners.

(8) For the purpose of affixing a notice under paragraph (2)(e) of this article, the Secretary of State may enter, or authorise entry, upon any land and enter, or authorise entry of or upon the ship, goods vehicle or aircraft concerned.

(9) In this article “the United Kingdom registration provisions” means—

(a)Part I of the Merchant Shipping Act 1894,

(b)section 5 of the Merchant Shipping Act 1983(2),

(c)Part II of the Merchant Shipping Act 1988(3),

(d)sections 19 and 23 of the Vehicles (Excise) Act 1971(4), and

(e)Part I of the Air Navigation Order 1989(5).

(5)

S.I. 1989/2004; the relevant amending instrument is S.I. 1992/2992.

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