Clause 59 - Appeal against disqualification
Crime (International Co-operation) Bill [Lords]
5:15 pm
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.