# The Rules of the Scottish Land Court Order 2014, Paragraph 107: Intimation


(1) Subject to the provisions of these rules, intimation of an application, or of anything required to be intimated in the proceedings as respects any case, is to be effected by the Principal Clerk.
(2) But the court or the Principal Clerk may direct that anything required to be intimated in respect of a case is intimated by a party or parties direct to the other party or parties, and may specify the manner by which and the time within which such intimation is to be effected.
(3) Where the Principal Clerk is satisfied that the application or other item, and the copies provided or made in accordance with rule 106, are in proper form and that the appropriate fee has been paid, the Principal Clerk is to intimate the application or other item (including in the intimation a copy of the order of the court as to when and how any response is to be made) by sending to each of the appropriate recipients one of the copies—
(a) by a registered post service or by a postal service which provides for delivery to be recorded and seeks to effect delivery no later than the next working day in all or the majority of cases;
(b) where the recipient has provided details of a document exchange system of which the recipient is a member, by means of that system; or
(c) by electronic communication.
(4) But intimation by electronic communication is to be used only where the Principal Clerk is satisfied that arrangements are in place for the communication to be—
(a) received in legible form; and
(b) kept by the recipient in a form capable of being used for subsequent reference,
and for its receipt to be electronically or otherwise acknowledged.
(5) Where intimation is by a postal service, the envelope within which the intimation is contained is to bear on its outside a label, firmly attached and clearly visible, stating “This envelope contains an intimation from the Scottish Land Court. If delivery cannot be effected it is requested that the envelope be returned without delay to the Principal Clerk, Scottish Land Court, 126 George Street, Edinburgh EH2 4HH.”.
(6) In any application where neither the respondent’s address nor the address of any agent or factor acting for the respondent is known to, or readily ascertainable by, the applicant the court may allow or direct the applicant to intimate the application, or other item required to be intimated,—
(a) by publication of an advertisement, in such form as the court may order, in a newspaper circulating—
(i) in the district in which the land to which the application relates is situated, or in which the last known address of the respondent is situated; or
(ii) in such other place as the court may order, or
(b) in such other manner as the court may order.
(7) For the purpose of these rules, anything posted is to be taken to be sent on the day of posting, anything sent through a document exchange is to be taken to be sent on the day it was left at the document exchange and anything sent by electronic communication is to be taken to be sent on the day of transmission.
(8) Any period which, in terms of these rules or in terms of an order of the court, is to run from intimation is to be taken to run from the end of the day after intimation is sent.
(9) Subject to paragraphs (10) and (11), intimation of anything to a landlord is effected by sending it—
(a) to the landlord; or
(b) to the landlord’s factor, solicitor or other agent if that factor, solicitor or agent is the person to whom rent for the land to which the application relates is normally paid.
(10) Where in any application a party is represented in the proceedings by a solicitor, factor or other agent, then unless and until the other parties and the Principal Clerk are notified that the solicitor, factor or agent has ceased to act for the party intimation to the party may be effected by intimation to the representative at that person’s office or place of business.
(11) Intimation of anything to a body corporate, partnership or other unincorporated body is effected by sending it, under the name or description which the body or partnership ordinarily uses—
(a) to the principal office or place of business of the body or partnership; or
(b) if that principal office or place of business is not in Scotland, either to that principal office or place of business or to any office or place within Scotland (including the office of a clerk, secretary or representative) where the body or partnership carries on business.
(12) In any application relating to a common grazing, if the total number of relevant persons exceeds 10 the court may direct that, rather than for there to be intimation in any other way, the applicant is to intimate the application, or the applicant or any other party is to intimate any proceedings in the application—
(a) by publication of an advertisement, in such form as the court may order, in a newspaper circulating in the district in which the land to which the application relates is situated; or
(b) in such other manner (which may include intimation to the clerk of the grazings committee) as the court thinks fit.
(13) For the purposes of paragraph (12), a relevant person is one—
(a) named as a respondent or as a person who may have an interest to respond; or
(b) to whom the court considers intimation would be appropriate.

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Source: https://www.legislation.gov.uk/ssi/2014/229/schedule/paragraph/107 (the official version)
Page: https://openlegislation.uk/rules-of-the-scottish-land-court-order-2014/schedule/paragraph-107
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.