Rule 12A Notification of orders made under the Order of 1998F1
Subject to paragraph (2) where a court makes either a non-molestation or an occupation order under the Order of 1998, the clerk of petty sessions shall cause a copy of the order to be served forthwith—
on the respondent personally, and
on the divisional commander of the police division in which the applicant is resident or in which any premises or any part of an area specified in the order are or is situated.
If F2the order is made on the consent of the parties, or the respondent is present when the court makes the order or is known to be represented by a solicitor or the court is satisfied by evidence on oath that prompt personal service on the respondent is impracticable, service may be effected in accordance with rule 10A(3)(a)(ii) or (b) above.
Where the application is for an occupation order under Article 11, 13 or 14 of the Order of 1998, a copy of any order made on the application shall be served by the applicant by first-class post on the mortgagee or, as the case may be, the landlord of the dwelling-house in question.
Annotations
Textual amendments
- F1
Rules 10-13 substituted (29.3.1999) by Magistrates' Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 1999 (S.R. 1999/62), rules 1(1), 4 (with rule 7); S.R. 1999/92, art. 2
- F2
Words in rule 12A(2) inserted (2.9.2013) by The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2013 (S.R. 2013/203), rules 1, 3 (with rule 2)