[ S.L.291.03 SERVICE OF NOTICE BY MAIL 1 SUBSIDIARY LEGISLATION 291.03 SERVICE OF NOTICE BY MAIL REGULATIONS 2nd July, 2004 LEGAL NOTICE 350 of 2004, as amended by Legal Notices 51 of 2005 and 27 of
- The title of these regulations is the Service of Notice by Mail Regulations.
- In these regulations, unless the context otherwise requires - "authorised officer" means any Police Officer, and any other officer, authority or person who is responsible for the enforcement of any law as is mentioned in article 14
(2)of the principal Act; "principal Act" means the Commissioners for Justice Act; Title. Definitions. Amended by: L.N. 27 of
- Cap.
- "scheduled offence" means an offence declared to be a scheduled offence under the principal Act. "working days" means the days of the week from Monday to Friday excluding public holidays. 3.
(1)The notice referred to in article 14
(2)of the principal Act shall be handed over to the person suspected of having committed a scheduled offence at the time the person was detected committing the act or omission giving rise to the suspicion.
(2)Where (a) for any of the reasons laid down in subregulation
(3)it is not practical to hand over the notice to the person as aforesaid or to fix the notice as provided in article 14
(2)of the principal Act; or (b) the person is captured committing the act or omission giving rise to the suspicion on a film or photograph taken by means of close circuit television, the authorised officer shall ensure that within five
(5)working days from the day on which the person was detected committing the act or omission giving rise to the suspicion, the notice is sent by mail to that person.
(3)The reasons referred to in subregulation
(2)are the following: (
- a)for reasons of over-speeding, dangerous driving or other serious reason; (
- b)where in the exercise of his duties under article 14
(2)of the principal Act the authorised officer is threatened, assaulted or insulted or is otherwise confronted with a hostile conduct.
(4)The notice referred to in subregulation
(2)shall, besides the information required by article 14
(2)of the principal Act, include all the facts that led the authorised officer to issue the notice, and Service of notice. Amended by: L.N. 51 of 2005; L.N. 27 of 2021. 2 [ S.L.291.03 SERVICE OF NOTICE BY MAIL also the reasons why the notice was not served at the time the person was detected committing the act or omission giving rise to the suspicion.
(5)Where the procedures so established in this regulation are not followed, the notice issued shall be null ipso jure. Sufficient proof of service of notice. Added by: L.N. 27 of
- S.L.
- Applicability of provisions. Renumbered by: L.N. 27 of
- For all intents and purposes of law it shall be sufficient proof that the notice was sent by mail to the person if the authorised officer confirms on oath that the notice has been so mailed.
- Where a person is subscribed to the service of summons by electronic mail under the Service of Summons by Electronic Mail Regulations, the notice referred to in regulation 3 and in the proviso to article 14(2A) of the principal Act may be sent by electronic mail and the provisions of these regulations shall mutatis mutandis apply.
- The provisions of article 14 of the principal Act shall mutatis mutandis apply to the notice sent by mail in pursuance of regulation 3
(2)as they apply to the notice handed over or affixed in terms of article 14 of the principal Act.