Property Services (Regulation) Act 2011

92.

Receipt of notice.

92.— (1) A notice to be given to a person by the Authority or the Appeal Board under this Act shall be given to the person in one of the following ways:

( a) by delivering it to the person;

( b) by leaving it at the address at which the person ordinarily resides or carries on business;

( c) by sending it by prepaid registered post or by any other form of recorded delivery service in an envelope addressed to the person at that address;

( d) where the person has given an address for service of notices, by leaving it at the address for such service or sending it by prepaid registered post or by any other form of recorded delivery service in an envelope addressed to the person at that address; or

( e) where the Authority or the Appeal Board considers that notice should be given immediately, by sending it by means of electronic mail or facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been provided by the person, that address.

(2) A notice to be given by a person to the Authority or the Appeal Board under this Act shall be given to the Authority or the Appeal Board, as the case may be, in one of the following ways:

( a) by delivering it during normal office hours to the office of the Authority or the Appeal Board, as the case may be, and leaving it with a person who is apparently its employee;

( b) by sending it by prepaid registered post or by any form of recorded delivery service in an envelope addressed to the Authority or the Appeal Board, as the case may be, at its office; or

( c) by such other means as may be prescribed by regulations made under section 95 for the purposes of this paragraph.

(3) A notice given under subsection (1) is deemed to have been received by the person—

( a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent,

( b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail,

( c) in the case of a facsimile machine, when the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice.

(4) Documents or information which are required by or under this Act to be made or submitted to the Authority or the Appeal Board within a specified period shall, if the office of the Authority or Appeal Board, as the case may be, is closed on the last day of the period, be regarded as having been received before the expiration of the period if received on the next following day on which the office is open.

(5) For the purposes of this section, a company is deemed to be ordinarily resident at its registered office and every other body corporate or unincorporated body to be so resident at its principal place of business.