The General Product Safety Regulations 2005

Service of documents

40.—(1) A document required or authorised by virtue of these Regulations to be served on a person may be so served—

(a)on an individual by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b)on a body corporate other than a limited liability partnership, by serving it in accordance with sub-paragraph (a) on the secretary of the body;

(c)on a limited liability partnership, by serving it in accordance with sub-paragraph (a) on a member of the partnership; or

(d)on a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business;

(e)on any other person by leaving it at his proper address or by sending it by post to him at that address.

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978(1) (which relates to the service of documents by post) in its application to that paragraph, the proper address of a person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

(a)in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;

(b)in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership;

(c)in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership,

and for the purposes of this paragraph the principal officer of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(3) A document required or authorised by virtue of these Regulations to be served on a person may also be served by transmitting the request by any means of electronic communication to an electronic address (which includes a fax number and an e-mail address) being an address which the person has held out as an address at which he or it can be contacted for the purposes of receiving such documents.

(4) A document transmitted by any means of electronic communication in accordance with the preceding paragraph is, unless the contrary is proved, deemed to be received on the business day after the notice was transmitted over a public electronic communications network.