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Social Housing Act, 2008 (Act No. 16 of 2008)

Rules

Rules in respect of the Transfer of Social Housing Stock or Rights and the Disposal of Social Housing Stock, 2014

Part IV : Miscellaneous Provisions

7. Methods and times of delivery of documents

 

7.1 A notice or document to be delivered for any purpose contemplated in these rules may be delivered in any of the methods set out in Table A.

 

7.2 A document delivered by a method listed in the second column of Table A will be deemed to have been delivered to the intended recipient on the date and at the time shown opposite that method, in the third column of the Table A.

 

7.3 If the date and time for the delivery of a document referred to in the Table A to the Regulatory Authority is outside of its office hours, as set out in rule 8.1, that document will be deemed to have been delivered on the next business day, subject to rule 8.2.

 

7.4 A document that is delivered by fax must include a cover page, and a document that is transmitted by electronic mail must be accompanied by a cover message, in either case setting out—
7.4.1 the name, address, and telephone number of the sender;
7.4.2 either—
7.4.2.1 the name of the person to whom it is addressed, and the name of that person's attorney, if applicable; or,
7.4.2.2 the name or description of the class of intended recipients, if the document is being delivered generally to all the members of a particular class of persons;
7.4.3 the date of the transmission; and
7.4.4 in the case of a fax transmission -
7.4.4.1 the total number of pages sent, including the cover page; and
7.4.4.2 the name and telephone number of the person to contact if the transmission is incomplete or otherwise unsuccessful.

 

Table A

Nature of Person to whom the document is to be delivered

Method of Delivery

Date and Time of Deemed delivery

ANY PERSON

By faxing the notice or a certified copy of the document to the person, if the person has a fax number; or

On the date and at the time recorded by the fax receiver, unless there is conclusive evidence that it was delivered on a different date or at a different time.


By sending the notice or a copy of the document by electronic mail, if the person has an address for receiving electronic mail; or

On the date and at the time recorded by the computer used by the sender, unless there is conclusive evidence that it was delivered on a different date or at a different time.


By sending the notice or a certified copy of the document by registered post to the person's last-known address; or

On the 7th (seventh) day following the day on which the notice or document was posted as recorded by a post office, unless there is conclusive evidence that it was delivered on a different day.


By any other means authorised by the High Court; or

In accordance with the order of the High Court.


By any other method allowed for that person in terms of the following rows of this Table.

As provided for in terms of that method of delivery.

ANY NATURAL PERSON

By handing the notice or a certified copy of the document to the person, or to any representative authorised in writing to accept service on behalf of the person; or

On the date and at the time recorded on a receipt for the delivery.


By leaving the notice or a certified copy of the document at the person's place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time; or

On the date and at the time recorded on a receipt for the delivery.


By leaving the notice or a certified copy of the document at the person's place of employment with any person who is apparently at least 16 years old and apparently in authority.

On the date and at the time recorded on a receipt for the delivery.

THE REGULATORY AUTHORITY

By entering the required information in an electronic representation of that form on the internet website, if any, maintained by the Regulatory Authority, if the document is in a prescribed form; or

On the date and at the time recorded by the Regulatory Authority's computer system, as verified by fax reply to the sender of the information.


By transmitting the document as a separate file attached to an electronic mail message addressed to the Regulatory Authority; or

On the date and at the time recorded by the Regulatory Authority's computer system, unless, within 1 (one) business day after that date, the Regulatory Authority advises the sender that the file is unreadable.


By sending a computer disk containing the document in electronic form, by registered post addressed to the Regulatory Authority; or

On the date and at the time of delivery of the registered post to the Regulatory Authority, as recorded by the post office, unless, within 1 (one) business day after that date, the Regulatory Authority advises the sender that the disk is unreadable.


By handing the document, or a computer disk containing the document in electronic form, to the Regulatory Authority.

On the date and at the time noted in a receipt issued by the Regulatory Authority unless, the document is on a computer disk, and, within 1 (one) business day after that date, the Regulatory Authority advises the sender that the disk is unreadable.

A MUNICIPALITY

By handing the notice or a certified copy of the document to the town clerk, assistant town clerk or any person acting on behalf of that person.

On the date and at the time recorded on a receipt for the delivery.