Mr James Paice (South East Cambridgeshire, Conservative)

I beg to move amendment No. 110, in

clause 59, page 39, line 31, leave out 'given to' and insert 'served upon'.

Some might call this amendment a quibble over legal jargon. We are suggesting that the words ''given to'' do not constitute a legal term, and that the use of the term ''served upon'' would be more appropriate. I am not sure what in legal terms would be defined as having been ''given to'' the applicant, where as ''served upon'' is clearly a recognised legal statement about the method of that service. ''Given to'' is a much looser phrase, at least as I understand it; I am not a lawyer. I am not sure whether it is definitive enough.

Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)

I hope that I do not further confuse the hon. Gentleman. The amendment would introduce an inconsistency with other parts of Bill, principally clause 57, which states that the appropriate Minister:

''must give the offender a notice under this section''.

The amendment might imply a different intended meaning, where of course none is meant. Clause 58 already provides that a notice given under clause 57 must be in writing. The procedure that we have provided for the delivery of a notice is explained more fully in clause 71, to which we will come shortly. That requires that a notice to an individual under the relevant chapter may be given to him by

''delivering it to him . . . leaving it at his proper address, or . . . sending it to him by post.''

The individual's proper address is his latest address as known to the appropriate Minister.

The expression ''service'' includes giving or sending. Under section 7 of the Interpretation Act 1978, the service of any document in the post is deemed to be effected by properly addressing, prepaying and posting a letter containing the document. It is deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is shown. I hope that that helps the hon. Gentleman.

Mr James Paice (South East Cambridgeshire, Conservative)

I am grateful. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 59 ordered to stand part of the Bill.