Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Ways of giving notice, etc. | ||
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221. (1) Without prejudice to the generality of paragraphs (c) and (d) of the definition of “owner” in section 2 (1), a notice that is required to be given to a person under this Act shall be addressed to the person concerned by name, and may be so given to the person in one (or more than one) of the following ways: | ||
(a) by delivering it to the person; | ||
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; | ||
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; | ||
(d) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being served on, or given to him or her, in that manner. | ||
(2) Where the name of a particular person referred to in subsection (1) cannot be ascertained after reasonable efforts to ascertain such name have been unsuccessful, a notice that is required under this Act to be given to the person may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case requires. | ||
(3) A notice given under subsection (1) shall be deemed to have been received by the person— | ||
(a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent, | ||
(b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail, and | ||
(c) in the case of a facsimile machine, when the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice. | ||
(4) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. | ||
(5) In this section, “notice” includes any other document that is required to be given to a person under this Act. |