Rule 3.16 Persons who may effect serviceI1

Scotland

(1)

Subject to paragraphs (2) and (3), service shall be effected–

(a)

in the case of any of the modes specified in rule 3.15(2), by a sheriff officer;

(b)

in the case of any of the modes specified in rule 3.15(2)(e) F1to (g), by a solicitor, the sheriff clerk, the Principal Reporter or an officer of the local authority; or

(c)

in the case of any mode specified by the sheriff in terms of rule 3.15(3), by such person as the sheriff directs.

(2)

In relation to the citation of witnesses, parties and havers in terms of rule 3.14 or service of any application, “officer of the local authority” in paragraph (1)(b) includes any officer of a local authority authorised to conduct proceedings under these Rules in terms of rule 3.21 (representation).

F2(3)

Where required by the sheriff, the sheriff clerk shall cite the Principal Reporter, the authors or compilers of any reports or statements and any other person whom the sheriff may wish to examine under section 155(5) of the 2011 Act (procedure in appeal to sheriff against decision of children’s hearing).

Annotations

Textual amendments

F1: Words in rule 3.16(1)(b) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(18)(a) (with para. 8)
F2: Rule 3.16(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(18)(b) (with para. 8)

Commencement

I1: Rule 3.16 in force at 1.4.1997, see rule 1.1(1)

Notes on Part CHAPTER 3

Textual amendments

F1: Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)