Rule 5.5 Service on persons furth of Scotland

Scotland

(1)

Subject to the following provisions of this rule, an initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree served on a person furth of Scotland shall be served—

(a)

at a known residence or place of business in England, Wales, Northern Ireland, the Isle of Man, the Channel Islands or any country with which the United Kingdom does not have a convention providing for service of writs in that country—

(i)

in accordance with the rules for personal service under the domestic law of the place in which service is to be executed; or

(ii)

by posting in Scotland a copy of the document in question in a registered letter addressed to the person at his residence or place of business;

(b)

in a country which is a party to the M1Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 or the Convention in Schedule 1 or 3C to the M2Civil Jurisdiction and Judgments Act 1982—

(i)

by a method prescribed by the internal law of the country where service is to be executed for the service of documents in domestic actions upon persons who are within its territory;

(ii)

by or through the central, or other appropriate, authority in the country where service is to be executed at the request of F1the Scottish Ministers:

(iii)

by or through a British Consular Office in the country where service is to be executed at the request of F2the Secretary of State for Foreign, Commonwealth and Development Affairs;

(iv)

where the law of the country in which the person resides permits, by posting in Scotland a copy of the document in a registered letter addressed to the person at his residence; or

(v)

where the law of the country in which service is to be executed permits, service by an huissier, other judicial officer or competent official of the country where service is to be executed; F3... F4 or

(c)

in a country with which the United Kingdom has a convention on the service of writs in that country other than the conventions mentioned in sub-paragraph (b), by one of the methods approved in the relevant convention. F5; or

(d)

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(1A)

In a country to which F8the EC Service Regulation applies, service–

(a)

may be effected by the methods prescribed in paragraph (1)(b)(ii) and (iii) only in exceptional circumstances; and

(b)

is effected only if the receiving agency has informed the person that acceptance of service may be refused on the ground that the document has not been translated in accordance with paragraph (6).

(2)

Any document which requires to be posted in Scotland for the purposes of this rule shall be posted by a solicitor or a sheriff officer; and on the face of the envelope there shall be written or printed the notice set out in rule 5.3(3).

(3)

In the case of service by a method referred to in paragraph (1)(b)(ii) and (iii), the pursuer shall—

(a)

send a copy of the writ and warrant of service with citation attached, or other document, as the case may be, with a request for service by the method indicated in the request to F9the Scottish Ministers or, as the case may be, F10the Secretary of State for Foreign, Commonwealth and Development Affairs; and

(b)

lodge in process a certificate signed by the authority which executed service stating that it has been, and the manner in which it was, served.

(4)

In the case of service by a method referred to in paragraph (1)(b)(v), the pursuer or the sheriff officer, shall—

(a)

send a copy of the writ and warrant for service with citation attached, or other document, as the case may be, with a request for service by the method indicated in the request to the official in the country in which service is to be executed; and

(b)

lodge in process a certificate of the official who executed service stating that it has been, and the manner in which is was, served.

(5)

Where service is executed in accordance with paragraph (1)(a)(i) or (1)(b)(i) other than on another party in the United Kingdom, the Isle of Man or the Channel Islands, the party executing service shall lodge a certificate by a person who is conversant with the law of the country concerned and who practises or has practised law in that country or is a duly accredited representative of the Government of that country, stating that the method of service employed is in accordance with the law of the place where service was executed.

(6)

Every writ, document, citation or notice on the face of the envelope mentioned in rule 5.3(3) shall be accompanied by a translation in an official language of the country in which service is to be executed unless English is F11. . .

F12(a)

an official language of the country in which service is to be executed; or

(b)

in a country to which F13the EC Service Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed.

(7)

A translation referred to in paragraph (6) shall be certified as correct by the person making it; and the certificate shall—

(a)

include his full name, address and qualifications; and

(b)

be lodged with the execution of citation or service.

F14(8)

In this rule “the EC Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time.