Roads Act 1993

Service of notices.

79

79. (1) Whenever the Minister is satisfied in relation to a notice required to be served under this Act that—

( a) reasonable grounds exist for dispensing with the service of the notice, and

( b) the dispensing with the service of the notice will not cause injury or damage to any person,

he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.

(2) Where a notice is required or authorised by or under this Act to be served on a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

( a) where it is addressed to him by name, by delivering it to him,

( b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

( c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

( d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is so required or authorised to be served in respect of any land, premises or structure, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land, premises or structure.

(3) Where a notice is required by or under this Act to be served on an owner or occupier of any land, premises or structure and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “ the owner” or “ the occupier”, as the case may require, without naming him.

(4) A person who, at any time during the period of three months after a notice is affixed under subsection (2) (d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.

(5) For the purposes of this section, a company within the meaning of the F96 [ Companies Acts ], shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.