Energy Act 2016

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Service of notices

9. The following section is substituted for section 4 of the Act of 1999:

“4. (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one 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 any profession, business or occupation;

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on any profession, business or occupation;

(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) by sending it 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 addressee concerned carries on any profession, business or occupation or, if an address for the service of a notice has been furnished by the energy undertaking concerned, that address, but only if—

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

(ii) the sender’s facsimile machine generates a message confirming successful delivery of the total number of pages of the notice,

and it is also given in one of the other ways mentioned in any of the preceding paragraphs;

(f) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and 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 the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

(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 purposes of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 , 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) For the purpose of this section, an EEA company within the meaning of Part 21 of the Companies Act 2014 that establishes a branch in the State shall be deemed to be ordinarily resident at the address of the branch notified under section 1302 of that Act.

(5) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1)(f) remove, damage or deface the notice without lawful authority and a person who contravenes this subsection commits an offence.

(6) A person who commits an offence under subsection (5) is liable on summary conviction to a class A fine.”.