Animal Health and Welfare Act 2013

51.

Service of notice, etc.

51.—(1) A notice (except a fixed payment notice) or requirement under this Act or issued under animal health and welfare regulations (if in writing) shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person—

( a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership, by delivery of a copy to any of the partners,

( b) by leaving a copy at the address at which the person ordinarily resides, where he or she carries on business, or, where an address for service of notices, directions or requirements has been furnished by the person to the Minister, at that address,

( c) by sending a copy by post in a prepaid registered envelope to the address at which the person ordinarily resides or carries on business and, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Minister, at that address,

( d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice, direction or requirement relates to land or premises, by delivering a copy to the land or premises or by affixing a copy in a conspicuous position on or near the land or premises, or

( e) by sending a copy by means of electronic mail or a 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 electronic address or facsimile number address for the service of a notice, direction or requirement has been furnished by the person to the Minister, that electronic address or facsimile machine, but only if—

(i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

(ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the direction, requirement or notice.

(2) Where a requirement under section 41(2) (if in writing) or an animal health and welfare notice is to be served on or given to a person who is the owner, occupier or person in charge of land or premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

(3) A person shall not, at any time within 6 months after a copy is affixed under subsection (1)(d), remove, damage or deface the copy without lawful authority.

(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a class B fine.

(5) For the purposes of this section, F22 [ a company formed and registered under the Companies Act 2014 or an existing company with the meaning of that Act ] is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Annotations:

Amendments:

F22

Substituted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 66 item 13, commenced on enactment.