Article 16 ServiceI1

Northern Ireland Not yet in force

(1)

Rules 11 and 13 of the Magistrates' Courts Rules (Northern Ireland) 1984 shall apply to service of a summons under these Rules.

(2)

Service of any other document under these Rules may be effected—

(a)

if the person to be served is not known by the person serving to be acting by solicitor—

(i)

by delivering it to him personally; or

(ii)

by delivering it at, or by sending it by first-class post to, his residence or his last known residence; or

(b)

if the person to be served is known by the person serving to be acting by solicitor—

(i)

by delivering the document at, or sending it by first-class post to, the solicitor’s address for service; or

(ii)

where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange; or

(iii)

by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

(3)

A document shall, unless the contrary is proved, be deemed to have been served—

(a)

in the case of service by first-class post, on the second business day after posting; and

(b)

in the case of service in accordance with paragraph 2(b)(ii), on the second business day after the day on which it is left at the document exchange.

(4)

Where a child is a party to any proceedings under Article 31B of the Order and is required by these Rules to serve a document, service shall be effected by—

(a)

the solicitor acting for the child; or

(b)

where there is no such solicitor, the clerk of petty sessions.

(5)

Service of any document on a child shall, subject to any direction of the court, be effected by service—

(a)

on the solicitor acting for the child; or

(b)

where there is no such solicitor, on the child, with leave of the court.

(6)

Where the court refuses leave under paragraph (5)(b), a direction shall be given under paragraph (7).

(7)

Where these Rules require a document to be served, the court may direct that—

(a)

the requirement shall not apply; or

(b)

the time specified by the Rules for complying with the requirement be abridged to such an extent as may be specified in the direction; or

(c)

service shall be effected in such manner as may be specified in the direction.

Annotations

Commencement

I1: Rule 16 in operation at 20.5.2002, see rule 1