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SCHEDULE 13
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PRIVATE
SECURITY SERVICES |
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Security services: interpretation |
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1.
In this Schedule "security services" means the services of one or
more individuals as security guards (whether or not provided together
with other services relating to the protection of property or persons).
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Unlicensed services: offences |
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2.
A person commits an offence if he provides or offers to provide
security services for reward unless he-
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(a) holds
a licence under this Schedule, or
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(b) acts on
behalf of someone who holds a licence under this Schedule.
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3.
- (1) A person commits an offence if he publishes or causes to be
published an advertisement for the provision for reward of security
services by a person who does not hold a licence under this Schedule.
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(2)
It is a defence for a person charged with an offence under this
paragraph to prove-
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(a) that his
business is publishing advertisements or arranging for their publication,
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(b) that he
received the advertisement for publication in the ordinary course
of business, and
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(c) that he
reasonably believed that the person mentioned in the advertisement
as the provider of security services held a licence under this
Schedule.
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4.
- (1) A person commits an offence if he pays money, in respect of
the provision of security services, to a person who-
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(a) does not
hold a licence under this Schedule, and
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(b) is not
acting on behalf of someone who holds a licence under this Schedule.
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(2)
It is a defence for a person charged with an offence under this
paragraph to prove that he reasonably believed that the person to
whom he paid the money-
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(a) held a
licence under this Schedule, or
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(b) was acting
on behalf of someone who held a licence under this Schedule.
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5.
- (1) A person guilty of an offence under paragraph 2 or 3 shall
be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding five years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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(2)
A person guilty of an offence under paragraph 4 is liable on summary
conviction to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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Application for licence |
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6.
- (1) An application for a licence under this Schedule shall be
made to the Secretary of State-
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(a) in such
manner and form as he may specify, and
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(b) accompanied
by such information as he may specify.
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(2)
The Secretary of State may specify information only if it concerns-
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(b) a business
involving the provision of security services for reward which
is, was or is proposed to be carried on by the applicant,
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(c) a person
whom the applicant employs or proposes to employ as a security
guard,
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(d) a partner
or proposed partner of the applicant (where the applicant is an
individual),
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(e) a member
or proposed member of the applicant (where the applicant is a
partnership),
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(f) an officer
or proposed officer of the applicant (where the applicant is a
body corporate).
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(3)
A person commits an offence if in connection with an application
for a licence he-
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(a) makes
a statement which he knows to be false or misleading in a material
particular, or
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(b) recklessly
makes a statement which is false or misleading in a material particular.
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(4)
A person guilty of an offence under sub-paragraph (3) shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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(5)
For the purposes of this paragraph-
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(a) a reference
to employment or proposed employment by an applicant for a licence
shall, where the applicant is a partnership or a member of a partnership,
be construed as a reference to employment or proposed employment
by the partnership or any of the partners,
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(b) "officer"
includes a director, manager or secretary,
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(c) a person
in accordance with whose directions or instructions the directors
of a body corporate are accustomed to act shall be treated as
an officer of that body, and
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(d) the reference
to directions or instructions in paragraph (c) does not include
a reference to advice given in a professional capacity.
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Issue of licence |
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7.
- (1) The Secretary of State shall grant an application for a licence
unless satisfied that-
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(a) an organisation
within sub-paragraph (4) would be likely to benefit from the licence
(whether or not a condition were imposed under sub-paragraph (2)),
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(b) that the
applicant has persistently failed to comply with the requirements
of this Schedule, or
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(c) that the
applicant has failed to comply with a condition imposed under
sub-paragraph (2).
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(2)
The Secretary of State may on granting a licence impose a condition
if satisfied that it is necessary in order to prevent an organisation
within sub-paragraph (4) from benefiting from the licence.
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(3)
If the Secretary of State refuses an application for a licence he
shall notify the applicant of the refusal.
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(4)
An organisation is within this sub-paragraph if-
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(a) it is
a proscribed organisation, or
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(b) it appears
to the Secretary of State to be closely associated with a proscribed
organisation.
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(5)
In this paragraph a reference to a benefit is a reference to any
benefit-
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(a) whether
direct or indirect, and
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(b) whether
financial or not.
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(6)
In this paragraph a reference to the requirements of this Schedule
includes a reference to the requirements of-
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(a) Part V
of the Northern Ireland (Emergency Provisions) Act 1991 (private
security services), and
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(b) Part V
of the Northern Ireland (Emergency Provisions) Act 1996 (private
security services).
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Duration of licence |
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8.
- (1) A licence-
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(a) shall
come into force at the beginning of the day on which it is issued,
and
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(b) subject
to sub-paragraph (2), shall expire at the end of the period of
12 months beginning with that day.
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(2)
Where a licence is issued to a person who already holds a licence,
the new licence shall expire at the end of the period of 12 months
beginning with the day after the day on which the current licence
expires.
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(3)
The Secretary of State may by order substitute a period exceeding
12 months for the period for the time being specified in sub-paragraphs
(1)(b) and (2).
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Revocation of licence |
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9.
- (1) The Secretary of State may revoke a licence if satisfied that-
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(a) an organisation
within paragraph 7(4) would be likely to benefit from the licence
remaining in force,
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(b) the holder
of the licence has persistently failed to comply with the requirements
of this Schedule, or
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(c) the holder
of the licence has failed to comply with a condition imposed under
paragraph 7(2).
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(2)
The Secretary of State shall not revoke a licence unless the holder-
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(a) has been
notified of the Secretary of State's intention to revoke the licence,
and
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(b) has been
given a reasonable opportunity to make representations to the
Secretary of State.
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(3)
If the Secretary of State revokes a licence he shall notify the
holder immediately.
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(4)
Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes
of this paragraph.
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Appeal |
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10.
The applicant for a licence may appeal to the High Court if-
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(a) the application
is refused,
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(b) a condition
is imposed on the grant of the licence, or
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(c) the licence
is revoked.
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11.
- (1) Where an appeal is brought under paragraph 10, the Secretary
of State may issue a certificate that the decision to which the
appeal relates-
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(a) was taken
for the purpose of preventing benefit from accruing to an organisation
which was proscribed or which appeared to the Secretary of State
to be closely associated with an organisation which was proscribed,
and
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(b) was justified
by that purpose.
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(2)
If he intends to rely on a certificate under this paragraph, the
Secretary of State shall notify the appellant.
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(3)
Where the appellant is notified of the Secretary of State's intention
to rely on a certificate under this paragraph-
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(a) he may
appeal against the certificate to the Tribunal established under
section 91 of the Northern Ireland Act 1998, and
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(b) sections
90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal,
procedure, and further appeal) shall apply.
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(4)
Rules made under section 91 or 92 of that Act which are in force
immediately before this paragraph comes into force shall have effect
in relation to a certificate under this paragraph-
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(a) with any
necessary modifications, and
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(b) subject
to any later rules made by virtue of sub-paragraph (3)(b).
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Change of personnel |
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12.
Paragraphs 13 and 14 apply to a person who-
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(b) has made
an application for a licence which has not yet been determined.
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13.
- (1) If a person to whom this paragraph applies proposes to employ
a security guard about whom information was not given under paragraph
6, he shall give the Secretary of State such information about the
security guard as the Secretary of State may specify.
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(2)
The information shall be given not less than 14 days before the
employment is to begin.
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(3)
For the purposes of this paragraph the provisions of paragraph 6(5)
shall have effect in relation to a holder of or an applicant for
a licence as they have effect for the purposes of paragraph 6 in
relation to an applicant.
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14.
- (1) A person to whom this paragraph applies shall give the Secretary
of State such information about a relevant change of personnel as
the Secretary of State may specify.
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(2)
The information shall be given-
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(a) not less
than 14 days before the change, or
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(b) if that
is not reasonably practicable, as soon as is reasonably practicable.
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(3)
A relevant change of personnel is-
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(a) where
the application for the licence was made by a partnership or a
member of a partnership, a change in the members of the partnership,
and
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(b) where
the application for the licence was made by a body corporate,
a change in the officers of the body (within the meaning of paragraph
6).
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(4)
But a change of personnel is not relevant if it was mentioned in
the information given under paragraph 6.
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15.
- (1) A person commits an offence if he fails to comply with paragraph
13 or 14.
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(2)
A person guilty of an offence under this paragraph shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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Records |
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16.
- (1) A constable may-
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(a) enter
premises where a business involving the provision of security
services is being carried on, and
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(b) require
records kept there of a person employed as a security guard to
be produced for the constable's inspection.
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(2)
A constable exercising the power under this paragraph-
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(a) shall
identify himself to a person appearing to be in charge of the
premises, and
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(b) if the
constable is not in uniform, shall produce to that person documentary
evidence that he is a constable.
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(3)
A person commits an offence if he fails to comply with a requirement
under this paragraph.
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(4)
It is a defence for a person charged with an offence under sub-paragraph
(3) to show that he had a reasonable excuse for his failure.
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(5)
A person guilty of an offence under sub-paragraph (3) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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17.
- (1) A person who provides security services for reward commits
an offence if he makes or keeps a record of a person employed by
him as a security guard which he knows to be false or misleading
in a material particular.
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(2)
A person guilty of an offence under this paragraph shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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Offence: body corporate |
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18.
- (1) This paragraph applies where an offence under this Schedule
committed by a body corporate is proved-
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(a) to have
been committed with the consent or connivance of an officer of
the body corporate, or
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(b) to be
attributable to neglect on the part of an officer of the body
corporate.
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(2)
The officer, as well as the body corporate, shall be guilty of the
offence.
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(3)
In this paragraph "officer" includes-
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(a) a director,
manager or secretary,
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(b) a person
purporting to act as a director, manager or secretary, and
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(c) a member
of a body corporate the affairs of which are managed by its members.
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Notice |
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19.
- (1) A notice under this Schedule shall be in writing.
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(2)
Information required to be given to the Secretary of State under
this Schedule-
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(a) shall
be in writing, and
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(b) may be
sent to him by post.
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(3)
The Secretary of State may serve a notice under this Schedule on
an individual-
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(a) by delivering
it to him,
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(b) by sending
it by post addressed to him at his usual or last-known place of
residence or business, or
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(c) by leaving
it for him there.
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(4)
The Secretary of State may serve a notice under this Schedule on
a partnership-
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(a) by sending
it by post to a partner, or to a person having the control or
management of the partnership business, at the principal office
of the partnership, or
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(b) by addressing
it to a partner or to a person mentioned in paragraph (a) and
leaving it at that office.
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(5)
The Secretary of State may serve a notice under this Schedule on
a body corporate-
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(a) by sending
it by post to the secretary or clerk of the body at its registered
or principal office, or
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(b) by addressing
it to the secretary or clerk of the body and leaving it at that
office.
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(6)
The Secretary of State may serve a notice under this Schedule on
any person-
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(a) by delivering
it to his solicitor,
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(b) by sending
it by post to his solicitor at his solicitor's office, or
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(c) by leaving
it for his solicitor there.
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(7)
Sub-paragraphs (3) to (6) do not apply in relation to a notice under
paragraph 11.
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