{
  "url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.16.4",
  "json_url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.16.4.json",
  "legislation": "uksi/1999/929",
  "legislation_title": "Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999",
  "path": "rule/3.16.4",
  "kind": "rule",
  "number": "3.16.4",
  "heading": "Service of application and renewal proceedings",
  "text": "(1) Service of the application or other proceedings and subsequent proceedings, including proceedings for renewal of guardianship orders, shall be made in Form 20 on —\n(a) the adult;\n(b) the nearest relative of the adult;\n(c) the primary carer of the adult (if any);\n(d) the named person of the adult (if any);\n(e) any guardian, continuing attorney or welfare attorney of the adult who has any power relating to the application or proceedings;\n(f) the Public Guardian;\n(g) where appropriate, the Mental Welfare Commission;\n(h) where appropriate, the local authority;\n(i) where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, to the Lord Advocate and, where the order was made by—\n(i) the High Court of Justiciary, to the Clerk of Justiciary; or\n(ii) a sheriff, to the sheriff clerk of the Sheriff Court in which the order was made; and\n(j) any other person directed by the sheriff.\n(2) Where the applicant is an individual person without legal representation service shall be effected by the sheriff clerk.\n(3) Where the adult is in an authorised establishment the person effecting service shall not serve Form 20 on the adult under paragraph (1)(a) but shall instead serve Forms 20 and 21, together with Form 22, on the managers of that authorised establishment by–\n(a) first class recorded delivery post; or\n(b) personal service by a sheriff officer.\n(4) On receipt of Forms 20 and 21 in terms of paragraph (3) the managers of the authorised establishment shall, subject to rule 3.16.5–\n(a) immediately deliver the notice in Form 20 to the adult; and\n(b) as soon as practicable thereafter , and in any event before the date of the hearing specified in Form 20, complete and return to the sheriff clerk a certificate of such delivery in Form 22.\n(5) Where the application or other proceeding follows on a remit under rule 3.16.9 the order for service of the application shall include an order for service on the Public Guardian or other party concerned.\n(6) Where the application is for an intervention order or a guardianship order, copies of the reports lodged in accordance with section 57(3) of the 2000 Act (reports to be lodged in court along with application) shall be served along with Form 20, or Forms 20, 21 and 22 as the case may be.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ch. 3 Pt. 16 inserted (2.4.2001) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adults with Incapacity) 2001 (S.S.I. 2001/142), paras. 1(1), 3(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Rule 3.16.4(1) substituted (25.6.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013 (S.S.I. 2013/171), paras. 1(2), 2(2) (with para. 6(1))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in rule 3.16.4(1)(i) inserted (11.11.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/293), paras. 1(2), 2(3)(a) (with para. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in rule 3.16.4(4)(a) inserted (11.11.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/293), paras. 1(2), 2(3)(b)(i) (with para. 4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in rule 3.16.4(4)(b) inserted (11.11.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/293), paras. 1(2), 2(3)(b)(ii) (with para. 4)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Rule 3.16.4(6) inserted (1.4.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 3) (Adults with Incapacity) 2002 (S.S.I. 2002/146), paras. 1(1), 2(2)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Rule 3.16.4 heading substituted (25.6.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013 (S.S.I. 2013/171), paras. 1(2), 2(3) (with para. 6(1))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/929/rule/3.16.4",
    "retrieved_at": "2026-10-29T10:53:39.377865+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."
}