DEC 5.3 Service of notices by the FSA
Service of Notices Regulations
The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 (SI 2001/1420) govern service of statutory notices and other notices and documents which must be served by the FSA under the Act.
Methods of service by the FSA and deemed receipt
The methods by which the FSA may give a notice under the Regulations and the day on which it is deemed to be received, are set out DEC 5.3.3 G.
Methods of service of notices by the FSA
Method |
Deemed day of receipt |
(1) delivery of the notice to the recipient |
not applicable: it is received when delivered |
(2) leaving the notice at the recipient's proper address (as defined in the Regulations) |
the business day after it is left at that address |
(3) posting the notice to that address |
if the notice is posted to an address in the United Kingdom, the second business day after posting if the notice is posted to an address in any EEA State (other than the United Kingdom), the fifth business day after posting |
(4) transmitting the notice by fax if the recipient has indicated in writing that he is willing to receive the notice by such means and a follow-up copy is sent by another method by the end of the following business day |
the business day after the day on which the document is transmitted |
(5) transmitting the notice by any other electronic means of communication, if the recipient has indicated in writing that he is willing to receive the notice by such means |
the business day after the day on which the document is transmitted |
The Regulations also make provision for the service of notices on:
- (1)
the recipient's nominee;
- (2)
if the recipient is an appointed representative, on his principal; and
- (3)
if the recipient is not an individual, to particular persons on its behalf.
Meaning of "business day"
In the Regulations and DEC 5.3.3 G, "business day" means any day except Saturday, Sunday or a bank holiday, where "bank holiday" includes Christmas Day and Good Friday.