Water Services Act 2007

19.

Service of notices.

19.— (1) Any notice, or other document or thing, required to be served or given by, or under, this Act shall be addressed to the person concerned and served or given in any of the following ways:

(a) by addressing it to the person by name and delivering it to him or her;

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

(c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business;

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;

(e) where the address at which the person ordinarily resides or carries on business cannot be ascertained by reasonable inquiry and the notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises; or

(f) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection other than this paragraph.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge” as the case may be.

(3) For the purpose of this section a company registered under the 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.

(4) A person who, at any time during the period of 3 months after a notice is affixed under subsection (1)(e) removes, damages or defaces the notice without lawful authority, commits an offence.

(5) Without prejudice to section 20 and for the purpose of a notice under section 43(13), 92(2) or 97(1)

(a) where the name of the person concerned cannot be ascertained by reasonable inquiry, the notice may be addressed (however expressed) to—

(i) the person who owns or has control over the land or pipe referred to in the notice, or

(ii) the person who is responsible for the maintenance, repair or renewal of the land or pipe referred to in the notice,

(b) where the address of any person to whom a notice under section 43(13), 92(2) or 97(1) is directed cannot be ascertained by reasonable inquiry, then service of the notice may be effected by—

(i) publication of the notice in Iris Oifigiúil,

(ii) affixing a copy of the notice in a conspicuous position at or near the location at which the work referred to in the notice is to be carried out, and

(iii) publication of the notice in a newspaper circulating in the area in which the land or pipe referred to in the notice is located.