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Ways of giving notice, etc.
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170. (1) A notice that is required to be given to a person under this Act shall be addressed to the person concerned by name, and may be so 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 in which 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 the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;
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(d) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being served on, or given to him or her, in that manner.
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(2) Where the name of a particular person referred to in subsection (1) cannot be ascertained after reasonable efforts to ascertain such name have been unsuccessful, a notice that is required under this Act to be given to the person may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case requires.
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(3) A notice given under subsection (1) shall be deemed to have been received by the person—
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(a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent, and
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(b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail.
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(4) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
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(5) (a) Paragraph (b) applies where a person (not being the Minister) is, pursuant to and in accordance with a provision of this Act, required to publish a notice referred to in this Act in one or more than one specific way.
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(b) Subject to paragraph (c), the Minister may by regulations require the person to publish the notice in one or more than one other additional specific way.
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(c) Where the Minister makes regulations under paragraph (b), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that the notice needs to be published in sufficient different ways to ensure, in so far as is practicable, that it is brought to the attention of those persons (which may be the public in general) most likely to be interested in the contents of the notice.
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(d) Paragraphs (e) and (f) apply where a notice, referred to in this Act, specifies a time period (in this subsection referred to as the “relevant period”) within which submissions may be made on the contents (howsoever described) of the notice.
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(e) The period between 24 December and 1 January, both dates inclusive, shall not count towards the calculation of the relevant period and, accordingly, the relevant period shall be extended by so much of that first-mentioned period as falls within the relevant period.
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(f) Subject to paragraph (g), the Minister may by regulations specify public holidays (not being a public holiday falling within the period first-mentioned in paragraph (e) ) which shall not count towards the calculation of the relevant period and, accordingly, the relevant period shall be extended by the number of public holidays falling with the relevant period that are so specified as regards that notice.
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(g) Where the Minister makes regulations under paragraph (f), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the principle that members of the public should not have the relevant period inordinately reduced by the number of public holidays that may occur during that period.
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(6) In this section, “notice” includes any other document that is required to be given to a person under this Act.
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