The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015

Presumptions about receipt of notice S+N.I.

6.—(1) Where a notice is given in accordance with regulation 4 or 5, it is presumed to have been received by the person to whom it is given (unless the contrary is proved)—

(a) where the notice is sent by postal service within the United Kingdom—

(i) on the second day after it was sent by postal service in which delivery or receipt is recorded, and

(ii) in the ordinary course of post if it was sent by ordinary first or second class post,

(b) where the notice is sent by document exchange, on the next working day after the day it was sent,

(c) where the notice is given by hand or sent by fax, email or courier (subject to sub-paragraph (d)), on the day it was given or (as the case may be) sent,

(d) where the notice is sent by courier outside the United Kingdom, on the second day after the day it was sent, and

(e) where the notice is transmitted electronically under paragraph 2(c) of regulation 5, on the day after the day on which it was transmitted.

(2) For the purposes of paragraph (1)(a) and (b) the day on which a notice is presumed to have been received is to be calculated—

(a) excluding the day on which the notice is sent, and

(b) excluding any day which is not a working day.

(3) In this regulation “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M1 in the part of the United Kingdom to which the notice is sent.

Marginal Citations

M1 1971 c. 80.