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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

122Duty to notify occupier

This section has no associated Explanatory Notes

(1)The duty to notify an occupier under section 120(2) or 121(2)(a) may be fulfilled—

(a)by hand delivering the notice to the occupier,

(b)by sending the notice, by first class post or by a registered or recorded delivery postal service, in an envelope addressed to the occupier at—

(i)where sent to an individual, the individual’s principal place of business or usual or last known abode,

(ii)where sent to a body corporate, the body’s registered or principal office, or

(iii)in any other case, the occupier’s last known address,

(c)by sending the notice to the occupier in some other way (including by email, fax or other electronic means)—

(i)which is legible and capable of being used for subsequent reference, and

(ii)which the sender reasonably considers likely to cause it to be delivered on the same or next day, or

(d)where the occupier’s name or address cannot be ascertained after reasonable enquiry—

(i)by hand delivering the notice to a responsible person on the land concerned, or

(ii)by fixing the notice to a conspicuous object on the land concerned.

(2)A notice is, unless the contrary is proved, to be treated as having been given—

(a)where hand delivered, on the day of delivery,

(b)where posted, on the day on which it would be delivered in the ordinary course of post,

(c)where sent in a way described in subsection (1)(c), on the day after it is sent, or

(d)where fixed to an object, on the day it is so fixed.

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