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Rule 32.2 Form of application to district court and serviceI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application to a F1justice of the peace court under section 49(3) of the Act of 1982 (annoying creatures) shall be made in Form 32.2.

(2)

On the lodging of any such application, the district court shall make an order for service of a copy of the application on any person mentioned in the application as having the creature so mentioned in his charge or keeping the creature, and fixing a date and time for the hearing of the application.

(3)

A copy of the application and of the order made under paragraph (2) shall be served on any such person by recorded delivery at the normal place of residence or place of business of that person, and such service shall be treated as sufficient notice to that person of the terms of the application and the order for the purposes of paragraph (4).

(4)

If any person upon whom service has been made in accordance with paragraph (3) fails to appear or be represented at the time and date of the hearing specified in the order without reasonable excuse, the court may proceed to hear and decide the application in his absence.

(5)

Where the court makes an order in respect of any person under section 49(2) of the Act of 1982, the clerk of court shall, within seven days after the date on which the order was made, serve on that person, by recorded delivery at the normal place of residence or place of business of that person, a copy of the order and a notice setting out the terms of section 49(4) of the Act of 1982.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 32.2(1) substituted (10.3.2008) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Proceedings etc. (Reform) (Scotland) Act 2007) 2008 (S.S.I. 2008/61), paras. 1(1), 2(2)(b) (with para. 2(3)-(5))

Commencement

I1

Sch. 2 rule 32.2 in force at 1.4.1996, see para. 1(1)