6.—(1) For the purposes of these Regulations (other than regulation 9 and Part 4), a person (A) serves a document on another person (B) by the prescribed mode of service if —
(a)
either —
(i)
A sends the document to B’s last email address; or
(ii)
A sends the document to B’s last postal address by prepaid registered post; or
(b)
where —
(i)
A is for any reason unable to send the document in the manner described in sub‑paragraph (a);
(ii)
B has an account for the use of an internet‑based messaging service;
(iii)
that service provides a mechanism for B to receive electronic communications in that account; and
(iv)
that mechanism is the means or one of the means by which A corresponds with B,
A sends an electronic communication of the document to B using that mechanism.
(2) For the purposes of Part 4, a person (A) serves a document on another person (B) by the prescribed mode of service if —
(a)
A sends the document to B’s last email address using the electronic system;
(b)
where A is for any reason unable to send the document in the manner described in sub‑paragraph (a), either —
(i)
A sends the document to B’s last email address using any other means; or
(ii)
A sends the document to B’s last postal address by prepaid registered post; or
(c)
where —
(i)
A is for any reason unable to send the document in the manner described in sub‑paragraphs (a) and (b);
(ii)
B has an account for the use of an internet‑based messaging service;
(iii)
that service provides a mechanism for B to receive electronic communications in that account; and
(iv)
that mechanism is the means or one of the means by which A corresponds with B,
A sends an electronic communication of the document to B using that mechanism.
(3) In this regulation —
“document” includes a form;
“last email address” means —
(a)
B’s designated email address; or
(b)
if B has no designated email address — an email address by which A corresponds with B, or (if there is no such email address) an email address which B represents to A as the email address to which communications to B may be sent;
“last postal address” means —
(a)
B’s designated postal address; or
(b)
if B has no designated postal address — B’s ordinary address.