when the act was first published on the general duty clause, debate centered on course hero

by Rafaela Rosenbaum 4 min read

When an act authorises or requires a document to be served by post, whatever the expression used, the service

Where an enactment authorises or requires a document to be served by post, whatever the expression used, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and be presumed to have been effected at the time when the letter would be delivered in the ordinary course of post.

When an enactment is repealed, shall it remain in force?

Where an enactment is repealed, every subsidiary enactment made under the repealed enactment shall remain in force so far as it is not inconsistent with the repealing enactment.

What is required to be served on a company, société or other corporate body?

Any summons, notice or process which is required to be served on a company, société or other corporate body shall be served by leaving the summons, notice or process -

What happens when a party is unable to sign a document?

Where a party to a document is unable to sign, the thumbprint or mark of that party, attested by the signature of 2 other persons who are not parties to the document and who certify the identity of the party affixing the thumbprint or mark shall have the same legal effect as if that party had signed his name.

When an enactment repeals and reenacts another enactment, with or without modification

Where an enactment repeals and reenacts another enactment, with or without modification, any reference to the repealed en actment in any other enactment shall be construed as a reference to the reenacted provision.

Can a warrant be issued on any day?

Any summons, notice, warrant or process may be issued, served or executed and any arrest, search or seizure may be carried out or made on any day, whether a public holiday or not, and at any hour of the day or night.

Can you be prosecuted twice for the same act?

Where an act constitutes an offence under 2 or more enactments, the offender shall be liable to be prosecuted under either or any of those enactments but he shall not be liable to be punished twice for the same act.