Commentary on Sections Section 18: Giving of notice
65.This section sets out the processes that the Commission must follow when giving notices.
66.Any notice to be given to any person under any provision of the Act must be given in writing, and must be either delivered in person or sent by registered post, recorded delivery, email or some other means which the person giving the notice considers likely to cause it to be delivered on the same or the following day. In the case of an individual, notice should be served at the person’s usual or last known address, or the person’s place of business or work. In any other case, notice should be served at the person’s registered or principal office.
67.If notice is given by electronic means such as email, it will be treated as being in writing if it is received in a form which is legible and can be subsequently used for reference. Unless evidence to the contrary is provided, notice given by a means described in subsection (2)(c) is presumed to be delivered on the next working day following the day on which it is sent. In the Act “working day” means any day apart from a Saturday, a Sunday or an official bank holiday in Scotland.