When giving advance notice of a rule, how long must the notice period be, and does it differ for an autonomous regulation?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the advance notice itself, which sets out the period, the date the notice was published, the paper showing whether the rule is an autonomous regulation rather than national legislation, and any record of the reasons given for a shorter period.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision in full: the advance notice period is fixed at the time the notice is given, and unless there are special circumstances it must be at least the minimum the provision sets, which is shorter for an autonomous regulation than for national legislation.
Another reading notes what the provision does not say: it fixes a floor and a condition, 'unless there are special circumstances', but leaves open when the period begins to run, what makes a circumstance 'special', and what follows if the period given is shorter than the floor.
Your judgment
If the notice was published for less than the minimum period, what in the file would show a special circumstance that justified it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change either minimum period or the condition, or if official guidance or a decision explains what counts as a special circumstance or when the period begins to run.