OpenLegislation

Article 14

Original text. Later amendments are not shown.

Order 113 shall be amended as follows.

(1)

After rule 1 there shall be inserted the following new rule—

“Jurisdiction of masters

1A

Proceedings under this Order may be heard and determined by a master, who may refer them to a judge if he thinks they should properly be decided by the judge.”.

(2)

For rule 4(2) there shall be substituted the following paragraph—

“(2)

Where any person not named as a defendant is in occupation of the land, the summons shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by—

(a)

affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed transparent envelope addressed to “the occupiers”, or

(b)

placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to “the occupiers” and containing a copy of the summons and a copy of the affidavit.”.

(3)

For rule 6(1) there shall be substituted the following paragraph—

“(1)

A final order for possession in proceedings under this Order shall, except in case of emergency and by leave of the court, not be made—

(a)

in the case of residential premises, less than five clear days after the date of service, and

(b)

in the case of other land, less than two clear days after the date of service.”.

(4)

For the words in rule 8 from “The Judge” to “thinks just” there shall be substituted the words “The court may, on such terms as it thinks just”.