Local Government Act 1972, section 233

Service of notices by local authorities

Part XI General Provisions as to Local Authorities

(1)Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.

(2)Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3)Any such document may—

(a)in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b)in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4)M95For the purposes of this section and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—

(a)in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b)in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(5)M96If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the Interpretation Act 1889 as his proper address.

F1053 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(8)This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.

(9)The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.

(10)Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

[F1054 (11) In this section “local authority” includes a joint authority, [F1055 an economic prosperity board, a combined authority, [F1056 a combined county authority, F1056] [F1057 a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 , F1057,F1055]] F1058 ... [F1059 , a police and crime commissioner and the Mayor's Office for Policing and Crime F1059] F1060 ... F1061 .... F1054]

Definitions used in section 233 8

local authority

46 In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.

Defined in Sch.12 para.46 · see it in the full Act

“local authority” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

Defined in s.270(1) · see it in the full Act
registered

“registered” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).

Defined in Sch.12A para.22(1) · see it in the full Act

“registered” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).

Defined in Sch.12A para.11(1) · see it in the full Act
land

“land” includes any interest in land and any easement or right in, to or over land;

Defined in s.270(1) · see it in the full Act
joint authority

“joint authority” means an authority established by Part IV of the Local Government Act 1985 ;

Defined in s.270(1) · see it in the full Act
economic prosperity board

“economic prosperity board” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 ;

Defined in s.270(1) · see it in the full Act
combined authority

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ;”;

Defined in s.270(1) · see it in the full Act
combined county authority

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 ;

Defined in s.270(1) · see it in the full Act
the authority

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

Cases considering section 233 15

Manchester City Council v Naila Tabbasam

[2026] EWCA Civ 361 · 26 March 2026Interprets

Interprets: Service at the last known proper address can be valid even without actual receipt. That service rule does not prevent reliance on non-receipt as a separate reasonable-excuse defence. (see paras [17]; [33]; [58])

Birmingham City Council v Drew Bravington

[2023] EWCA Civ 308 · 22 March 2023Limits

Section 233 applies to notices a local authority is required or authorised by or under an enactment to serve. It is not confined to public-law functions and provides valid modes of service notwithstanding actual non-receipt (see paras [19]-[25]; [33]-[41]). The court construed the statutory description in section 233(1) according to its natural breadth. A section 83ZA notice fell within it because housing legislation authorised and required its service (see paras [19]-[20]; [24]). The court recognised that section 233(10) preserves exclusions made by another enactment or instrument. No such exclusion applied to a section 83ZA notice (see para [20]). For service by leaving a document at the proper address, the court adopted an objective reasonable-person standard. Handing the notice to the tenant’s partner inside the address complied with section 233(2) (see paras [26]-[32]). Section 233(4) makes the addressee’s last known address the proper address. The flat was undisputedly the tenant’s proper address, so the remaining question was whether the document had been left there properly (see paras [26]-[28]). Section 233(7) permits specified alternative service where the relevant owner, lessee or occupier cannot after reasonable inquiry be identified. The court treated it as confirming that actual receipt is not a condition of effective service (see para [36]). The court recognised section 233(9) as an express exclusion for documents to be given or served in court proceedings. It did not apply to the pre-action possession notice (see para [20]).

UKI (Kingsway) Ltd v Westminster City Council

[2017] EWCA Civ 430 · 15 June 2017Interprets

Interprets the general local-authority service provisions as providing additional methods of service, without displacing the construction of the specific completion-notice scheme. (see paras [20]; [46]; [51]) Confirms that statutory methods of service are additional to methods available under other enactments or instruments. It does not justify treating every indirect communication as service under Schedule 4A. (see paras [20]; [39]; [46]) Confirms that the agreed facts did not permit reliance on the relevant specified method of service. The court therefore considered whether service could be established through another method. (see paras [37]; [49])

What each judgment says about section 233 is in the case-law panel in the full Act.

Amendments and notes

26 notes from legislation.gov.uk

Amendments

  1. F1053S. 233(6) repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), Sch. 2
  2. F1054S. 233(11) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. I para. 29
  3. F1055Words in s. 233(11) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 32; S.I. 2009/3318, art. 2(c)
  4. F1056Words in s. 233(11) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 45 (with s. 247)
  5. F1057Words in s. 233(11) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 31; S.I. 2017/399, reg. 2, Sch. para. 38
  6. F1058Words in s. 233(11) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(s); S.I. 2015/994, art. 6(g)
  7. F1059Words in s. 233(11) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 114; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 35)
  8. F1060Words in s. 233(11) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 6 para. 31, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4) this amendment is subject to savings and/or transitional provisions, see the commentary.
  9. F1061Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications

  1. C918Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
  2. C937Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
  3. C938Ss. 228-234 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
  4. C961Ss. 231-234 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7) (as amended (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 18; S.I. 2021/354, reg. 2(c))
  5. C977S. 233 extended by Housing Act 1974 (c. 44), s. 126(6); and saved by Reservoirs Act 1975 (c. 23), ss. 15(4), 29(1); S.I. 1985/176, S.I. 1986/466, S.I. 1986/2202
  6. C978S. 233 applied by S.I. 1978/932, art. 16 and by S.I. 1990/582, reg. 47(2)
  7. C979S. 233 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
  8. C980S. 233 modified (7.8.1991) by S.I.1991/1773, art. 8(2), Sch. 2
  9. C981S. 233 excluded (7.2.2005) by Licensing Act 2003 (c. 17), ss. 184(8)(b), 201(2) (with ss. 2(3), 15(2), 195); S.I. 2004/2360, art. 2(1), Sch.
  10. C982S. 233 applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(e)
  11. C983S. 233 excluded (12.9.2025) by Disused Mine and Quarry Tips (Wales) Act 2025 (asc 4), ss. 80(7), 92(1) (with s. 80(8))
  12. C984S. 233 excluded (28.4.2026) by Environment (Principles, Governance and Biodiversity Targets) (Wales) Act 2026 (asc 4), ss. 43(6), 46(1)
  13. C985S. 233(11) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
  14. C986S. 233(11) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
  15. C987S. 233(11) modified (5.10.2026) by The Surrey (Structural Changes) (Pensions etc.) Order 2026 (S.I. 2026/1011), art. 1(2), Sch. para. 3(n) (with Sch. para. 10)

Marginal citations

  1. M951889 c. 63.
  2. M961889 c. 63.