The Coastal Access Reports (Consideration and Modification Procedure) (England) Regulations 2010

PART 6 FINAL PROVISIONS

Notices

21.—(1) In this regulation, a “notice” means a notice of any of the following kinds—

(a) notice under paragraph 2(1)(b) of the Reports Schedule (notice of a report);

(b) notice under paragraph 10 of that Schedule (notice by the appointed person);

(c) notice under regulation 4(5) (notice of withdrawal of representation or objection);

(d) notice under regulation 7(1) (notice requiring further information to be provided to the appointed person);

(e) notice under regulation 8(2)(b) (notice of site inspection);

(f) notice of the hearing or inquiry under regulation 13, or of change of arrangements for the hearing or inquiry under regulation 13(6) (notice of the hearing or inquiry);

(g) notice under regulation 16(1)(b) (notice of site inspection);

(h) notice under regulation 17 (notice of cancellation of hearing or inquiry);

(i) notice under regulation 19(2) (notice of pre-inquiry meeting);

(j) notice under regulation 19(6) (notice of further pre-inquiry meeting);

(k) notice under regulation 19(7) (notice of cancellation of pre-inquiry meeting).

(2) A notice may be given to a person by—

(a) delivering it to the person;

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

(c) sending it to the person at that address using the “Recorded Signed For” postal service (or the nearest equivalent to that service); or

(d) subject to paragraph (6), sending it to the person by means of an electronic communication to an address which the person has specified in accordance with sub-paragraph (b) of that paragraph.

(3) A notice may—

(a) in the case of a body corporate, be given to an officer of the body;

(b) in the case of a limited liability partnership or unincorporated partnership, be given to a partner or a person having the control or management of the partnership business; and

(c) in the case of an unincorporated body other than an unincorporated partnership, be given to an officer of that body.

(4) 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, the proper address of any person is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a limited liability partnership, the address of the registered or principal office of the partnership;

(c) in the case of an unincorporated partnership or any other unincorporated body, the address of the principal office of the partnership or body;

(d) in the case of a person to whom the notice is given in reliance on paragraph (3), the proper address of the body corporate, partnership or other unincorporated body in question;

(e) in the case of a local access forum, the address of the registered or principal office of the appointing authority which employs the secretary for that forum; and

(f) in any other case, the last known address of the person in question.

(5) If a person to whom a notice is to be given has specified an address for service of such a notice, that address is also to be treated, for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, as that person’s proper address.

(6) A notice may be given by means of an electronic communication only if the following conditions are satisfied—

(a) the use of an electronic communication results in the information contained in that notice being available to the person in all material respects as it would appear in a notice given in printed form; and

(b) the person has specified an address for the purpose of receiving such communications.

(7) In this regulation—

(a) “appointing authority” (in paragraph (4)(e)) has the meaning given by section 94(2) of the Countryside and Rights of Way Act 2000(2);

(b) “body corporate” does not include a limited liability partnership; and

(c) “in all material respects” (in paragraph (6)(a)) means in all respects material to an exact reproduction of the content of the information as it would appear in a notice given in printed form.

Electronic communications

22.  A person may use an electronic communication—

(a) to make any objection;

(b) to make any representation—

(i) under paragraph 7(1) of the Reports Schedule, or

(ii) in response to an invitation in a notice under paragraph 10 of that Schedule; or

(c) to provide any information or document—

(i) under paragraph (2) of regulation 7 (further information to be provided to the appointed person); or

(ii) under paragraph (9) of regulation 15 (procedure at the hearing or inquiry).

Forms set out in Schedules 2 to 7

23.—(1) This regulation applies in relation to the requirements as to forms of notices and forms contained in regulations 3(3)(a) and (4)(a), 4(2) and (3), 5(2) and 6(1)(b) .

(2) Those requirements do not prevent the form of notice or form in question differing from that set out in Schedule 2, 3, 4, 5, 6 or 7 (as the case may be), provided that the differences—

(a) are not substantial; and

(b) have been approved by the Secretary of State.

(1)

1978 c. 30.

(2)

2000 c. 37.