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Amendment of section 38 of Act of 1981.
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33.—Section 38 of the Act of 1981 is amended by the substitution for that section of the following section:
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“38.—(1) Any notice or other document that is required to be served under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served or given to the person in one of the following ways—
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(a) by delivering it to the person,
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(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address,
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(c) by sending it by post in a prepaid registered letter to the address at which that person ordinarily resides or, in a case in which an address for service has been furnished, to that address, or
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(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any land or building, by delivering it to some person over the age of 16 years resident or employed on the land in or at the building or by affixing it in a conspicuous place on or near the land or building.
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(2) Where a notice or other document under this Act is to be served on or given to a person who is the owner or to the occupier of any land or building and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words the owner or, as the case may require, the occupier.
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(3) For the purposes of this section, a company registered under the Companies Acts 1963 to 2001, 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.
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(4) Where a notice or other document is served on or given to a person by affixing it in accordance with subsection (1) (d), a copy of the notice or other document shall, within 2 weeks thereafter, be published in at least one newspaper circulating in the area of the last known residence of that person.
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(5) A person who, at any time during the period of 12 weeks after a notice or other document is affixed in accordance with subsection (1)(d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.”.
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