Commentary on Sections Part 2 – Security over Moveable Property Service of documents for purposes of this Chapter Section 80 – Service of documents for purposes of this Chapter
345.Section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010 sets out some rules about service of documents which can be relied upon when authorised or required to send something in or under an Act of the Scottish Parliament, unless the Act or the context requires otherwise.
346.Section 80 of the Act provides that the provider and the secured creditor can agree that service may or must be in accordance with this section instead, provided that they do so in writing. Thus, for example, the parties might provide that an enforcement notice may only be sent by registered delivery. An agreement under this section could be (for example) included in the constitutive document for the statutory pledge.
347.Subsection (4) has the effect that where service cannot be effected in accordance with the agreement then the default rules in the 2010 Act will apply. The provisions in that Act about how things may be sent are not stated to be exhaustive, but the deeming rules about when things will be taken to be received apply only where a method specified in that section is used.