{
  "url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-5.json",
  "legislation": "uksi/1988/1976",
  "legislation_title": "Act of Sederunt (Small Claim Rules) 1988",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Service of summons where address of defender is known",
  "text": "(1) Subject to paragraph (7) of this rule, a service copy summons shall be served on the defender by the pursuer’s solicitor, a sheriff officer or the sheriff clerk sending it by first class recorded delivery post, or by one of the methods specified in rule 6(1), (2) or (4) of the Summary Cause Rules (citation and service within Scotland by officer of court).\n(2) Where the pursuer requires the sheriff clerk to effect service on his behalf by virtue of section 36A of the Sheriff Courts (Scotland) Act 1971 (pursuer not a partnership, body corporate or acting in a representative capacity), he may require the sheriff clerk to supply him with a copy of the summons.\n(3) Subject to paragraph (7) of this rule, where service is to be effected by the sheriff clerk, he may do so by posting the service copy summons by first class recorded delivery post or, on payment to the sheriff clerk by the pursuer of the fee prescribed by the Secretary of State by order, by sheriff officer.\n(4) There shall be enclosed with the service copy summons a form of service in form 4.\n(5) On the face of the envelope used for postal service in terms of this rule there shall be printed or written a notice in form 5.\n(6) A certificate of service in form 6 shall be attached to the summons after service has been effected under this rule.\n(7) Service on a defender who is outwith Scotland shall be effected in the manner prescribed by rule 9 of the Summary Cause Rules (citation of or service on persons outside Scotland).\n(8) Where service is to be effected by the sheriff clerk under paragraph (7), any cost occasioned thereby shall be borne by the pursuer and no such service shall be instructed by the sheriff clerk until payment of such cost has been made to him by the pursuer.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rule 6 of the Summary Cause Rules was amended by S.I. 1980/455"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Rule 9 of the Summary Cause Rules was amended by S.I. 1986/1946"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/5",
    "retrieved_at": "2026-10-29T15:55:02.205881+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}