37.—(1) Personal service of a document may be effected —
(a)
by leaving with the person to be served a copy of the document; or
(b)
in such other manner as may be agreed between the party serving and the party to be served.
(2) Where, by virtue of any provision of these Regulations, a document is required to be served personally on any person and is unable to be so served, the party serving may make an application to the Board for an order for substituted service of the document.
(3) The Board may, if it appears that it is impracticable for any reason to serve that document personally on that person, make an order for substituted service of that document and direct the steps to be taken to bring the document to the notice of the person to be served.
(4) Any document required to be sent to or served on any person for the purpose of any proceedings under these Regulations, other than by personal service, may be —
(a)
delivered personally at his appropriate address;
(b)
sent to him at his appropriate address by ordinary post; or
(c)
sent to him by facsimile or electronic mail or other similar means.
(5) Where —
(a)
a document is to be served by the Board; and
(b)
the Board is unable to serve it,
the Board shall send a notice of non-service, stating the attempted method of service, to the other parties to the proceedings.
(6) Where it appears to the Board that there is a good reason to authorise service by a method not permitted by these Regulations, the Board may, on the request of a party or of its own initiative, make an order permitting and specifying an alternative method of service, and specifying when the document is deemed to be served.
(7) The Board may dispense with service of a document if the interests of justice so require.
(8) A document which is sent or served in accordance with these Regulations shall, except where express provision has been made, be treated as if it had been received by or served on that person —
(a)
in the case of personal delivery, on the day of delivery;
(b)
when sent by ordinary post, on the second working day after it was posted;
(c)
in the case of a facsimile transmitted on a working day before 4 p.m., on that day, or in any other case, on the working day after the day on which it is transmitted; or
(d)
in the case of electronic mail or similar means, on the second working day after the day on which it is transmitted.
(9) If a document (other than a facsimile) is served after 5 p.m. on a working day or on any day other than a working day, the document shall be treated as having been served on the next working day.
(10) For the purposes of paragraph (4) and subject to paragraphs (11) and (12), the appropriate address of a person shall be —
(a)
in the case of an appellant, the address for service stated in his notice of appeal;
(b)
in the case of the Commission, the address for service stated in its defence;
(c)
in any other case, the usual or last known address of the place of residence or business of the person,
or such other address as may be subsequently notified to the Board.
(11) Anything required to be sent to or served on a body corporate is duly sent or served if it is sent to or served on the chairman or president of the body or the secretary, treasurer or other similar officer thereof at its registered or principal office for the time being.
(12) Anything required to be sent or delivered to or served on a partnership is duly sent, delivered or served if it is sent or delivered to or served on any one of the partners for the time being.
(13) The Secretary —
(a)
shall, at the request of the Board; or
(b)
may, at the request of any party,
certify the steps taken to serve a document pursuant to this regulation, including the date and manner of service.