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Dispensation with service or giving of notice
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399. (1) Where an appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority is satisfied that reasonable grounds exist for dispensing with the serving, giving or notifying by it of an order, notice, warning letter or other document or information required under this Act to be served, given or notified by it, and that so dispensing will not cause injury or wrong, the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may dispense with the serving, giving or notifying of it and every such dispensation shall have effect according to the tenor thereof.
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(2) A dispensation under subsection (1) may be given either before or after the time when the order, notice, warning letter or other document or information would, but for the dispensation, be required to be served, given or notified and either before or after the doing of any act to which the serving, giving or notification of the order, notice, warning letter or other document or information would, but for the dispensation, be a condition precedent.
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(3) Where a provision of or under this Act requires an order, notice, warning letter or other document or information to be served on, or given or notified to, a person who has made representations or submissions to an appropriate authority, the Office of the Planning Regulator, or the Maritime Area Regulatory Authority, where—
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(a) a large number of representations or submissions are made as part of an organised campaign, or
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(b) it is not possible readily to ascertain the full name and address of those persons who made the representations or submissions,
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the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may substitute an alternative means of service, giving or notification that is reasonably likely to bring the order, notice, warning letter or other document or information to the attention of such persons, including, in the case of an organised campaign referred to in paragraph (a), serving the order, notice, warning letter or other document or information on or giving or notifying the order, notice, warning letter or other document or information to (as the case may be), any person who, in the opinion of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority, as the case may be, organised the campaign.
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(4) Where an order, notice, warning letter or other document or information required to be served on or given or notified to a person under this Act is required to include or be accompanied by information that, by virtue of its size and one or more than one of the factors related to its size referred to in subsection (5), cannot without difficulty be served on, or given or notified to the person (as the case may be) as part of, or with, the order, notice, warning letter or other document or information, the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may omit parts of the information and inform the person of convenient other means of accessing or viewing that information, which shall include at the offices of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority or some other public place, and which may include on a website maintained by or on behalf of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority or some other readily accessible website.
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(5) The factors referred to in subsection (4) are:
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(a) the resources required to create copies of the information;
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(b) the number of persons on whom the information is required to be served, or to whom it is required to be given or notified;
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(c) such other factors as the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority serving, giving or notifying the order, notice, warning letter or other document or information considers appropriate.
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