On 07/02/2012 12:37, paul perrin wrote:
Not a lawyer - just assertive.. I'd argue...
If it was there for them to handle first thing on the first day (which
it would have been), then I'd argue that they have had 10 days notice.
Its not your problem how the treat/handle/process things once they have
been received by them - it was in their possession for 10 full working days.
I read it that the 'clock' starts when the document is deposited at the
correct address - not once it has been forwarded/opened/read/stamped etc.
No, the clock starts when the document is "received". That means opened.
Particularly in this case, since the ten clear days, as Colm points out,
is to allow for lawful objections. The day on which the document is
processed is excluded from that ten days, and deliberately so, in order
to ensure that there are always ten full days in which to object.
If their post room was slow or on strike etc, that would be there look
out - you wouldn't let them leave things unopened to stop the clock
starting...
They couldn't just be slow, no. But if they were on strike (or the
offices were closed due to force majeure) then the clock would start
when the offices re-opened and the backlog processed. If that meant
someone didn't get their application processed in time then that would
be unfortunate, but the authority wouldn't be liable.
Mark
--
Sent from my Babbage Difference Engine 2
http://mark.goodge.co.uk
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