Sheriff Courts (Scotland) Act 1907

Service where address of person is not known S

5.6. [F1 (A1) Subject to rule 6.A7 this rule applies to service where the address of a person is not known.]

(1) Where the address of a person to be cited or served with a document is not known and cannot reasonably be ascertained, the sheriff shall grant warrant for citation or service upon that person—

(a) by the publication of an advertisement in Form G3 in a specified newspaper circulating in the area of the last known address of that person, or

(b) by displaying on the walls of court a copy of the instance and crave of the initial writ, the warrant of citation and a notice in Form G4;

and the period of notice fixed by the sheriff shall run from the date of publication of the advertisement or display on the walls of court, as the case may be.

(2) Where service requires to be executed under paragraph (1), the pursuer shall lodge a service copy of the intial writ and a copy of any warrant of citation with the sheriff clerk from whom they may be uplifted by the person for whom they are intended.

(3) Where a person has been cited or served in accordance with paragraph (1) and, after the cause has commenced, his address becomes known, the sheriff may allow the initial writ to be amended subject to such conditions as to re-service, intimation, expenses or transfer of the cause as he thinks fit.

(4) Where advertisement in a newspaper is required for the purpose of citation or service under this rule, a copy of the newspaper containing the advertisement shall be lodged with the sheriff clerk by the pursuer.

(5) Where display on the walls of court is required under paragraph (1)(b), the pursuer shall supply to the sheriff clerk for that purpose a certified copy of the instance and crave of the initial writ and any warrant of citation.

Textual Amendments

F1 Sch. 1 rule 5.6(A1) inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(3)