Article 4 Service of documentsI1

Northern Ireland

(1)

Service of any summons under these Rules may be effected –

(a)

by serving a copy of the summons on the person or body to be served in person; or

(b)

by sending a copy of the summons by ordinary first class post to the person or body to be served at his last-known address (in which cases the summons shall be deemed to have been received by him in the ordinary course of post, unless he proves that he did not receive it).

F1(1A)

Any summons issued in accordance with paragraph (1) may be served by—

(a)

the complainant or employee of the complainant;

(b)

the summons server of the F2administrative court division in which the proceedings are brought or in which the defendant or witness resides; or

(c)

any person who has received permission from a resident magistrate or lay magistrate or from the clerk of petty sessions to serve the summons;

and any such permission shall be endorsed on the original summons and signed by the person giving it.

(2)

As soon as reasonably practicable after the making of:

(a)

an anti-social behaviour order under Article 3 of the 2004 Order;

(b)

an interim anti-social behaviour order under Article 4 of the 2004 Order; F3...

(c)

an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings F4; or

F5an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,

the clerk of petty sessions shall serve a copy of that order on the defendant –

(i)

where the defendant is present, in person if practicable; or

(ii)

by sending it by ordinary first class post to the defendant at his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(3)

Where the court makes an order varying or discharging an order specified in Rule 3, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied or discharged –

(a)

where the defendant is present, in person if practicable; or

(b)

by sending it by ordinary first class post to the defendant at either his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the F6complainant or, where appropriate, other specified authority.

(4)

In paragraph (3) references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the order was originally made.

Annotations

Textual amendments

F1: Rule 4(1A) inserted (15.11.2006) by The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/414), rules 1, 2(3)(a)
F2: Words in rule 4(1A)(b) substituted (31.10.2016) by The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 34(2); S.R. 2016/387, art. 2(a)
F3: Word in rule 4(2)(b) omitted (15.11.2006) by virtue of The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/414), rules 1, 2(3)(b)
F4: Word in rule 4(2)(c) substituted (15.11.2006) by The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/414), rules 1, 2(3)(c)
F5: Words in rule 4(2) inserted (15.11.2006) by The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/414), rules 1, 2(3)(d)
F6: Words in rule 4(3) inserted (15.11.2006) by virtue of The Magistrates’ Courts (Anti-social Behaviour Orders) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/414), rules 1, 2(3)(e)

Commencement

I1: Rule 4 in operation at 25.8.2004, see Rule 1(1)