Civil Defence Emergency Management Act 2002

Miscellaneous provisions

114: Service of documents

You could also call this:

"How to give important papers to people or groups under the law"

When you need to give someone a document under this Act, you can do it in a few ways. You can give it to them in person, but not if they are a Minister of the Crown. You can also deliver it to their home or work, or send it to them by post. If you send it by post, you need to pay for the postage first.

If you need to give a document to a group or company, you can give it to one of the people in charge or to their office. This is the same as giving it to the whole group. For example, if you need to give a document to a Civil Defence Emergency Management Group, you can give it to the person in charge of the group or to the people who run the group.

If you send a document by post, it is assumed that the person got it when the mail would normally arrive, unless someone can prove that did not happen. You can also give a document to a partnership by giving it to one of the partners.

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Part 7Miscellaneous provisions

114Service of documents

  1. If a document under this Act is to be served on a person, it may be served—

  2. by delivering it personally to the person (other than a Minister of the Crown); or
    1. by delivering it at the usual or last known place of residence or business of the person by any means, including by facsimile; or
      1. by sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of that person.
        1. If a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) must be treated as service on the body.

        2. If a notice or other document is to be served on a Civil Defence Emergency Management Group for the purposes of this Act, service on the chairperson of the Group or the administering authority of the Group must be treated as service on the Group.

        3. If a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) must be treated as service on the partnership.

        4. If a notice or other document is sent by post to a person in accordance with subsection (1)(c), it must be treated, in the absence of proof to the contrary, as having been received by the person at the time at which the letter would have been delivered in the ordinary course of the post.