Article 3 Amendment of Summary Application Rules

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999^f1 is amended in accordance with the following sub-paragraphs.

(2)

Rule 3.27.4 (notification of making etc. of ASBOs and interim ASBOs)^f2 shall be omitted.

(3)

In rule 3.29.4^f3 (service of RSHOs)–

(a)

for paragraph (2) there shall be substituted–

“(2)

The sheriff clerk shall serve a copy of the order on the person against whom it has effect.”;

(b)

for paragraph (3) there shall be substituted–

“(3)

For the purposes of paragraph (2), the copy of the order is served–

(a)

where the person against whom the order has effect is present in court when the order is made–

(i)

by giving it to the person and obtaining a receipt therefor;

(ii)

by sending it to the person by recorded delivery or registered post; or

(iii)

by causing it to be served by sheriff officer; or

(b)

where the person against whom the order has effect is not present in court when the order is made–

(i)

by sending it to the person by recorded delivery or registered post; or

(ii)

by causing it to be served by sheriff officer.”.

Annotations

Footnotes

f1: S.I. 1999/929, amended by S.S.I. 2000/18 and 387, 2001/142, 2002/7, 129, 130, 146 and 583, 2003/26, 27, 98, 261, 319, 346 and 556, 2004/197, 222, 334 and 455 and 2005/61, 473, 504 and 648.
f2: Rule 3.27.4 was inserted by S.S.I. 2004/455.
f3: Rule 3.29.4 was inserted by S.S.I. 2005/473.