Aviation and Maritime Security Act 1990

45Service of documents

(1)This section has effect in relation to any notice, any document containing a direction and any other document authorised or required by any provision of this Part of this Act to be served on or given to any person.

(2)Any such document may be given to or served on any person—

(a)by delivering it to him, or

(b)by leaving it at his proper address, or

(c)by sending it by post to him at that address, or

(d)by sending it to him at that address by telex or other similar means which produce a document containing the text of the communication.

(3)Any such document may, in the case of a body corporate, be given to or served on the secretary, clerk or similar officer of that body.

(4)For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business (whether in the United Kingdom or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom (or, if it has no office in the United Kingdom, of its principal office, wherever it may be).

(5)In the case of a person registered under any of the United Kingdom registration provisions as the owner of any ship so registered, the address for the time being recorded in relation to him in the register in which the ship is registered shall also be treated for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 as his proper address.

(6)If the person to or on whom any document mentioned in subsection (1) above is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than an address determined under subsection (4) or (5) above, as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

(7)Any document mentioned in subsection (1) above shall, where there are two or more owners registered under any of the United Kingdom registration provisions, be treated as duly served on each of those owners—

(a)in the case of a ship in relation to which a managing owner is for the time being registered under section 59(1) of the [1894 c. 60.] Merchant Shipping Act 1894, if served on that managing owner, and

(b)in the case of any other ship, if served on any one of the registered owners.

(8)Where an enforcement notice is to be served under section 29 of this Act on the owner, charterer or manager of a ship, it shall be treated as duly served on him if it is served on the master of the ship in question, but (except as provided by section 29(3) of this Act) the master shall not be obliged by virtue of this subsection to comply with the notice.

(9)Where any document mentioned in subsection (1) above is to be served (for the purposes of subsection (8) above or otherwise) on the master of a ship, it shall be treated as duly served if it is left on board that ship with the person being or appearing to be in command or charge of the ship.

(10)In this section “the United Kingdom registration provisions” means—

(a)Part I of the Merchant Shipping Act 1894,

(b)section 5 of the [1983 c. 13.] Merchant Shipping Act 1983,

(c)Part II of the [1988 c. 12.] Merchant Shipping Act 1988, and

(d)any Order in Council under section 1 of the [1968 c. 59.] Hovercraft Act 1968.