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Paragraph 4.5 Period of notice

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

(1)

A claim shall proceed after the appropriate period of notice of the summons has been given to the defender prior to the return day.

(2)

The appropriate period of notice shall be–

(a)

21 days where the defender is resident or has a place of business within Europe; or

(b)

42 days where the defender is resident or has a place of business outwith Europe.

(3)

The sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the form of service as he may direct, but in any case where the period of notice is reduced at least two days' notice must be given.

(4)

If a period of notice expires on a Saturday, Sunday, public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk’s office is open for civil court business.

(5)

Notwithstanding the terms of section 4(2) of the Citation Amendment (Scotland) Act 1882f1, where service is by post the period of notice shall run from the beginning of the day next following the date of posting.

(6)

The sheriff clerk shall insert in the summons–

(a)

the return day, which is the last day on which the defender may return a form of response to the sheriff clerk; and

(b)

the hearing date, which is the date set for the hearing of the claim.

Annotations

Footnotes

f1

1882 c. 77. Section 4 was repealed in part by S.I. 1994/1443.