The court was asked whether or not the prosecution had proved that the relevant proceedings had been ‘instituted’ by or with the consent of the minister or other authorised agent as required by section 53(1) of the National Insurance Act 1946.
Held: Devlin J said: ‘Proceedings in summary jurisdiction of this sort are instituted by the laying of an information and the issue of a summons, and, when the summons is issued, that is the institution of the proceedings.’
Judges:
Devlin J
Citations:
[1958] 3 WLR 304
Statutes:
National Insurance Act 1946 53(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Rockall v Department for Environment, Food and Rural Affairs Admn 22-Mar-2007
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun.
Held: There was no justification for reading the wording of . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 07 December 2022; Ref: scu.258449