# The Rules of the Supreme Court (Amendment) 1980, Article 19


Order 69 shall be amended as follows:—
(1) Before the definition of “process” in rule 1, there shall be inserted the following definitions:—
“`“a convention country” means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the High Court, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at the Hague on 15th November 1965”;
“officer of the county court” means any clerk or bailiff in the service of a county court;' ” means any clerk or bailiff in the service of a county court;'
and after the definition of “process” there shall be inserted the following definition:—
“`“process server” means the process server appointed under rule 4 or his authorised agent;' ” means the process server appointed under rule 4 or his authorised agent;'
(2) For rules 2 and 3, there shall be substituted the following rules:—
“Applications
2 This order applies to the service on a person in England or Wales of any process in connection with civil or commercial proceedings in a foreign court or tribunal where the senior master receives a written request for service—
(a) from Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs, with a recommendation by him that service should be effected, or
(b) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.
Service of process
3 (1) The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.
(2) Subject to paragraphs (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.
(3) The provisions of Order 10, rule 1(2)(b) and (3) regarding service by insertion through a letter-box shall apply to the service of foreign process as they apply to the service of writs, except that service may be proved by an affidavit or by a certificate or report in such form as the senior master may direct.
(4) The process server shall send to the senior master a copy of the process and an affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting or attempting to effect service.
(5) Order 65, rule 4 (substituted service) shall apply to the service of foreign process as it applies to the service of writs, except that the senior master may make an order for substituted service of foreign process on the basis of the process server's affidavit, certificate or report, without an application being made to him in that behalf.
(6) The senior master shall send a certificate, together with a copy of the process, to the consular or other authority or the Secretary of State, as the case may be, stating—
(i) when and how service was effected or the reason why service could not be effected, as the case may be;
(ii) where appropriate, the amount certified by the taxing master to be the costs of effecting or attempting to effect service.
(7) The certificate under paragraph (6) shall be sealed with the seal of the Supreme Court for use out of the jurisdiction.”
(3) Rule 4 shall be omitted and rule 5 shall be renumbered as rule 4.

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Source: https://www.legislation.gov.uk/uksi/1980/629/article/19 (the official version)
Page: https://openlegislation.uk/rules-of-the-supreme-court-amendment-1980/article-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.