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Waverley Railway (Scotland) Act 2006

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This is the original version (as it was originally enacted).

35Service of notices, etc.

(1)A notice or other document required or authorised to be served on a person for the purposes of this Act may be served—

(a)by delivering it to that person;

(b)by leaving it at that person’s proper address; or

(c)by sending it by post to that person at that address.

(2)A notice or document is duly served on a body corporate or a firm—

(a)in the case of a body corporate if it is served on the secretary or clerk of that body; and

(b)in the case of a firm, if it is served on a partner of that firm.

(3)For the purposes of subsection (1) above and of paragraph 4 of Schedule 1 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379), a letter is properly addressed to—

(a)a body corporate, if addressed to the body at its registered or principal office;

(b)a firm, if addressed to the firm at its principal office; or

(c)any other person, if addressed to the person at that person’s last known address.

(4)Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the person’s name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a)addressing it to the person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5)This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.

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