Citation Amendment (Scotland) Act 1882

4 Execution. Notice on back of letter. Letter not delivered to be returned to clerk of court. U.K.

The following provisions shall apply to service by registered letter:—

[F1 (1) The citation or notice subjoined to the copy or other citation or notice required in the circumstances shall specify the date of posting, and in cases where the party is not cited to a fixed diet, but to appear or lodge answers or other pleadings within a certain period, shall also state that the unduciæ or period for appearance or lodging answers or other pleadings is reckoned from that date:]

[F1 (2) The induciæ or period of notice shall be reckoned from twenty-four hours after the time of posting:]

[F1 (3) The execution to be returned by the officer or law agent shall be accompanied by the Post Office receipt for the registered letter. The execution returned by a law agent shall for all purposes be equivalent to an execution by an officer of court. The execution may be in the form contained in the First Schedule hereto:]

[F1 (4) On the back of such registered letter besides the address there shall be written or printed the following notice or a notice to the like effect:

This letter contains a citation to or intimation from [specify the court]. If delivery of the letter cannot be made, it is to be returned immediately to [give the official name and office or place of business of the clerk of court]:]

(5) If delivery of the letter be not made because the address cannot be found, or because the house or place of business at the address is shut up, or because the letter carrier is informed at the address that the person to whom the letter is addressed is not known there, or because the letter was refused, or because the address is not within a postal delivery district and the letter is not called for within twenty-four hours after its receipt at the post office of the place to which it is addressed, or for any other reason, the letter shall be immediately returned through the Post Office to the clerk of court, with the reason for the failure to deliver marked thereon, and the clerk shall make intimation to the party at whose instance the summons, warrant, or intimation was issued or obtained, and shall, where the order for service was made by a judge or magistrate, present the letter to a judge or magistrate of the court from which the summons, warrant, or intimation was issued, and he may, if he shall think fit, order service of new, either according to the present law and practice or in the manner hereinbefore provided, and if need be substitute a new diet of appearance. Where the judge or magistrate is satisfied that the letter has been tendered at the proper address of the party or witness and refused, he may in the case of a witness, without waiting for the diet of appearance, issue second diligence to secure his attendance, and in the case of a party hold the tender equal to a good citation.

Textual Amendments

F1 S. 4(1)-(4) repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

Modifications etc. (not altering text)

C1 S. 4(2) excluded by Sheriffs Courts (Scotland) Act 1907 (c. 51, SIF 36:3), ss. 39, 40, Sch. 1 rule 138 as inserted by S.I. 1984/255, para. 3(22)

C2 S. 4(2) excluded by S.I. 1988/1976, art. 4(4)

S. 4(2) excluded (1.7.1999) by S.I. 1999/929, rule 2.10

S. 4(2) excluded (1.1.1994) by S.I. 1993/3240, para. 2, Sch. 1 rule 10(2) (with para. 4)