Act of Sederunt (Rules of the Court of Session 1994) 1994

Service where address of person is not known S

16.5.—(1) Where the residence of the person to be served with a document is not known and cannot reasonably be ascertained or service on that person cannot be executed under rule 16.1 (methods and manner of service) or 16.2 (service furth of United Kingdom), the party who wishes to execute service may apply by motion–

(a) for an order for service by the publication of an advertisement in a specified newspaper circulating in the area of the last known residence of that person or elsewhere; or

(b) on special cause shown, for an order to dispense with service; and

(c) stating the last known residence of that person and what steps have been taken to ascertain his present whereabouts.

(2) On enrolling such a motion, a copy of the document to be served shall be lodged with the Deputy Principal Clerk who shall retain it for a period of three years and from whom it may be uplifted by the person for whom it is intended.

(3) Where an intelocutor has been pronounced ordering publication of an advertisement under this rule–

(a) the advertisement shall be in Form 16.5; and

(b) publication of the advertisement shall have effect as if service of the document had been executed on the date of publication.

(4) Where an interlocutor has been pronounced dispensing with service under this rule–

(a) service of the document shall be deemed to have been executed on the date of the interlocutor; and

(b) the period of notice shall be dispensed with.

(5) A motion under paragraph (1) made before calling shall be heard in chambers.

(6) Where publication of an advertisement has been made under this rule, there shall be lodged in process–

(a) a copy of the newspaper containing the advertisement; or

(b) a certificate of publication by the publisher stating the date of publication and the text of the advertisement.

Commencement Information

I1 Sch. 2 rule 16.5 in force at 5.9.1994, see para. 1(1)