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Legal Profession and Legal Aid (Scotland) Act 2007

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This is the original version (as it was originally enacted).

45Giving of notices etc. under Part 1

This section has no associated Explanatory Notes

(1)Any notice which is required under this Part to be given in writing is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(2)Any notice which is required under this Part to be given to any person—

(a)is duly given—

(i)where the person is not an incorporated practice, if it is left at, or delivered or sent by post to, the person’s last known place of business or residence;

(ii)where the person is an incorporated practice, if it is left at or delivered or sent by post to the practice’s registered office;

(iii)where the person is a practitioner who is a firm of solicitors or an incorporated practice, if it is sent to the person by electronic means but only if the practitioner agrees to that means of sending;

(iv)where the person is an individual, if it is sent to the person by electronic means but only if the individual agrees to that means of sending;

(v)to any person, if it is given in such other manner as may be prescribed by regulations by the Scottish Ministers;

(b)if permitted by paragraph (a) to be sent, and sent, by electronic means is, unless the contrary is proved, deemed to be delivered on the next working day which follows the day on which the notice is sent.

(3)Regulations under subsection (2)(a)(v) may—

(a)in particular provide that notice required to be given to a person who is not an individual may be given by addressing or sending it to such person appointed by the person for that purpose or to such person falling within such other categories prescribed in the regulations as appear to the Scottish Ministers to be appropriate;

(b)make different provision for different purposes.

(4)In subsection (2)(b), “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971 (c. 80), is a bank holiday in Scotland.

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