Rule 59 Persons entitled to serve processes
Northern Ireland
Subject to paragraph (2) and to Rules 60 and 130(2) no person other than a summons server for the F1administrative court division in which proceedings are brought or in which the defendant resides shall have authority to serve a process.
F2Where in any such division a summons server is absent or unable to carry out his duties through illness or other cause, or when the office of summons server is vacant, a process may be served by some other person, if permission for such other person to serve the process has been given by a district judge (magistrates’ court) or by the clerk of petty sessions and has been endorsed or signed by him on the original process.
Nothing in this Rule shall affect the provision of section 60 of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972f1.
Annotations
Textual amendments
- F1
Words in rule 59(1) substituted (31.10.2016) by The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(14)(a); S.R. 2016/387, art. 2(a)
- F2
Words in rule 59(2) substituted (31.10.2016) by The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(14)(b); S.R. 2016/387, art. 2(a)