Appendix 3 S.I. 2004/181: memorandum from
the Department for Education and Skills
Education (Penalty Notices) (England)
Regulations 2004 (S.I. 2004/181)
1. The Joint Committee has requested
a memorandum on the following point-
Regulation 20(2) provides that service
by post of a penalty notice shall be deemed to have been effected
on the second day after posting the notice by first-class post.
Is it contemplated that the intended recipient should not be able
to show that the notice was not delivered to his address, or is
the provision intended to apply unless the contrary is proved?
(Compare section 7 of the Interpretation Act 1978).
2. The provision in regulation 20(2)
is intended to apply unless the contrary is proved. It was intended
that the principle of section 7 of the Interpretation Act should
still apply, with the time for delivery of the notice by post
being two days.
3. However, it is accepted that the
apparent effect of the regulation as drafted is to replace section
7, thus omitting the provision permitting non-delivery of a notice
to be proved. The Department apologises for this error. Amending
regulations will be prepared at an early opportunity.
1st March 2004
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