The Special Commissioners (Jurisdiction and Procedure) Regulations 1994

PART VMISCELLANEOUS

Irregularities

25.—(1) Any irregularity resulting from any failure to comply with any provision of these Regulations or with any direction given by a Tribunal before the Tribunal has reached its decision shall not of itself render the proceedings void.

(2) Where any such irregularity comes to the attention of a Tribunal, the Tribunal, before reaching its decision, may, and if it considers that any person may have been prejudiced by that irregularity shall, give such directions as it thinks just to cure or waive the irregularity.

(3) Clerical mistakes in any document recording a direction or decision of a Tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by the Special Commissioner presiding at the hearing or any other of the Special Commissioners comprising the Tribunal, or by the Presiding Special Commissioner if all the Special Commissioners comprising the Tribunal have died or ceased to be Special Commissioners, by certificate under his hand.

Notices

26.  Every notice required by these Regulations shall be in writing unless a Tribunal authorises it to be given orally.

Service

27.—(1) Any notice or other document (other than a summons under regulation 5) required or authorised by these Regulations to be sent or delivered to, or served on, any person shall be duly sent or delivered to, or served on, that person—

(a)if it is sent to him at his proper address by post; or

(b)if it is sent to him at that address by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form; or

(c)if it is delivered to him or left at his proper address.

(2) Any such document may—

(a)in the case of a body corporate, be sent or delivered to, or left with, the secretary or clerk of that body;

(b)in the case of a foreign body corporate, be sent or delivered to, or left with, the person authorised to accept service of process on it;

(c)in the case of a partnership, be sent or delivered to, or left with, any partner;

(d)in the case of an unincorporated association other than a partnership, be sent or delivered to, or left with, any member of the governing body of the association.

(3) For the purposes of this regulation, a person’s proper address is—

(a)in the case of the secretary or clerk of a body corporate registered in the United Kingdom, the address of the registered or principal office of that body corporate;

(b)in the case of the person authorised to accept service of process on a foreign body corporate, the address of the principal office or place of business of that body corporate in the United Kingdom;

(c)in the case of the Special Commissioners or their Clerk, the address of the Clerk;

(d)in the case of any other person, the usual or last known address of that person.

Substituted service

28.  If any person to or on whom any notice or other document (other than a summons under regulation 5) is required to be sent, delivered or served for the purposes of these Regulations cannot be found or has died and has no known representative, or is out of the United Kingdom, or if for any other reason service on him cannot be readily effected, a Tribunal may dispense with the requirement that the notice or other document be sent or delivered to, or served on him or may make an order for substituted service on such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the Tribunal may think fit.