Section 40Part 7 — Supplemental
Service of notices
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Subject to this section, any notice or other document required or authorised to be served or given under this Act, or under any regulation, order, direction or instrument in writing under this Act may be served or given either —
by delivering it to the person on whom it is to be served or to whom it is to be given;
by leaving it at the usual or last known place of abode of that person, or in the case in which an address for service has been furnished by that person, at that address;
by sending it in a prepaid registered letter or by certified mail addressed to that person at that person's usual or last known place of abode, or in any case in which an address for service has been furnished by that person, at that address;
by sending it in a prepaid registered letter or by certified mail addressed to that person at that person's address as stated in the Land Register; or
by sending it via facsimile or electronic mail,
but a notice required to be served on any person pursuant to section 15(4) shall be served by sending it in a prepaid registered letter or by certified mail addressed to that person at that person's address as stated in the Land Register.
Where the notice or document is required or authorised to be served on any person as having an interest in premises and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises the notice shall be deemed to be duly served if —
being addressed to the person either by name or by the description of "the owner" or "the occupier", as the case may be, of the premises (describing them) it is delivered or sent in the manner prescribed by paragraph (a), (b), (c) or (d) of subsection (1); or
being addressed as aforesaid and marked in such a manner that is plainly identifiable as a communication of importance, it is sent in a prepaid registered letter or by certified mail to the premises and is not returned to the Authority sending it, or is delivered to some person on those premises or is affixed conspicuously to some object on those premises.
Where the notice or other document is required to be served on or given to all persons having interests in or being occupiers of, premises comprised in any land, and it appears that any part of that land is unoccupied, or in the case of an enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign, the notice shall be deemed to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has furnished an address for the service of the notice on that person) if it is addressed to "the owners and any occupiers" of that part of the land (describing it), and is affixed conspicuously to some object on the land.
For the purposes of this section, "certified mail" means mail delivered by a postal or courier service by which the person who delivers the mail obtains the signature of the recipient of the mail on a form as proof of delivery to the specified addressee and if the addressee is not found the mail is returned to the sender.
Defined Terms
certified mail
Cross References
- Section 15 of Development And Planning Act
section 15(4)