Part 3Miscellaneous and general

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.