Q&As

Do you have more information on section 7 of the Interpretation Act 1978?

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Published on LexisPSL on 16/05/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do you have more information on section 7 of the Interpretation Act 1978?
  • Properly addressing
  • Unless the contrary is proved
  • Ordinary course of the post

Do you have more information on section 7 of the Interpretation Act 1978?

Section 7 of the Interpretation Act 1978 (IA 1978) states:

'Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.'

See also the annotations provided by Halsbury’s Annotations on Section 7, references to service by post for further information.

According to Halsbury’s Laws of England, in the commentary on Proof of delivery, available in Lexis®Library (see footnote 6):

'Section 7 is in two parts, the first part dealing with what has to be done in order for service to be deemed to have been effected, and the second part, which may be rebutted by proof, dealing with the time when service is deemed to be effected.'

In the commentary on Definitions relating to the production and service of documents, Halsbury’s also notes:

'Whether service has or has not been effected, or notice sent or given, in a particular case depends, however, on the facts and on the particular statute

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