S.I. 2004/1767: memorandum from
the Privy Council Office and the Department of Health
Nursing and Midwifery Council (Education, Registration
and Registration Appeals) Rules Order of Council 2004 (S.I. 2004/1767)
1. This is the Memorandum requested by the Committee
at its meeting on 12th October. The Committee asked for a Memorandum
to be submitted on the following point:
Rule 12 provides that any form, warning or notice
sent by the Council or the Registrar to a registrant may be sent
by post to the last known address for correspondence and shall
be presumed to have been sent on the date which appears on the
document in question. Is it contemplated that the registrant should
not be able to show that the document was posted on a later date,
or is the provision intended to apply unless the contrary is proved?
2. It is intended that the registrant should be able
to show that the document was posted on a later date. The Privy
Council have considered the matter further in the light of the
Committee's question, but do continue to take the view that the
intention is achieved and that express provision would have been
required in this context to create an irrebuttable presumption.
19th October 2004
