General provisions about disclosure of information

10 Service

(1)

Information required to be disclosed to, and any notice or application required to be given to or served on, any person under this Act may be given to or served on the person—

(a)

by personal delivery to that person or, if the person refuses to accept the document or notice, by bringing the document or notice to that person’s attention; or

(b)

by post addressed to that person, or by electronic means, at an address nominated by the person or, if no such address has been nominated, at the person’s last known postal address or place of residence or business.

(2)

Information required to be disclosed to, and any notice or application required to be given to or served on, a defendant under this Act may, if the defendant is represented by counsel, be given by any of the methods described in subsection (1) to the defendant’s counsel.

(3)

Unless a person proves that, otherwise than through fault on the person’s part, it was not received, if information, a notice, or an application is sent—

(a)

by post, it will be treated as having been received by the person 5 working days after the day it is posted:

(b)

electronically, to a valid address,—

(i)

on a working day on or before 5 pm, it will be treated as having been received on that working day:

(ii)

after 5 pm on a working day or at any time on a non-working day, it will be treated as having been received on the next working day.

(4)

Information required to be disclosed under this Act may be disclosed in whatever form (including electronically) that the person disclosing the information holds it in at the time the obligation to disclose arises and that is readily accessible to the defendant.

Section 10(1)(b): amended, on 14 November 2018, by section 111(1) of the Courts Matters Act 2018 (2018 No 50).

Section 10(3): replaced, on 14 November 2018, by section 111(2) of the Courts Matters Act 2018 (2018 No 50).