Joint Committee on Statutory Instruments Thirty-First Report


Appendix 1

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


 
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