Historic Environment (Wales) Act 2023

Section 205 — Service of notices and other documents: generalSection 206 — Additional provision about service on persons interested in or occupying land

715. Sections 205 and 206 make provision for the service of notices or other documents on persons, including bodies corporate, under the Act. For these purposes, “served” includes references in the Act to “serve”, “give” (and any similar terms).

716. Section 205(2)(a) to (d) sets out the different methods of service that may be used under the Act, including electronic communications. Electronic communications may only be used where the person being served has provided an address for electronic service, and when using this method — email, for example — specific conditions need to be met to ensure that the recipient can read and access the document (section 205(3)). A notice can be served on a body corporate by sending it by post in a pre-paid letter or handing it to the secretary or clerk at its registered or principal office, or by using electronic communication.

717. Section 206 makes further provision for the service of a notice or document on a person with an interest in a building, monument or land whose name and/or address may be unknown. The section also provides for the service of a notice or document on an occupier of a building, monument or land.

718. If, after making reasonable inquiries, such as contacting the Land Registry, the name of a person with an interest in a building, monument or land is unknown, a document may be addressed to the person as “the owner” (subsection (2)). A document to be served on an occupier of a building, monument or land, may be addressed to the person by name or as an “occupier”.

719. Subsections (4) and (5) set out options for the proper service of a document on a person with an interest in a building, monument or land with no current address for delivery or on a occupier of a building, monument or land.