OpenLegislation

Rule 20.4 Service on third party

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A third party notice shall be served on the third party within 14 days after the date of the interlocutor allowing service of that notice.

(2)

Where service of a third party notice has not been made within the period specified in paragraph (1), the order for service of it shall cease to have effect; and no service of the notice may be made unless a further order for service of it has been applied for and granted.

F1(3)

There shall be served with a third party notice–

(a)

a copy of the pleadings (including any amendments or adjustments); and

(b)

where the pleadings have not been amended in accordance with the minute of amendment referred to in rule 20.2, a copy of that minute.

(4)

A copy of the third party notice, with a certificate of service attached to it, shall be lodged in process by the defender.

Annotations

Textual amendments

F1

Sch. 1 rule 20.4(3) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.S.I. 2003/26), art. 2(5)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5