Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2008

Service by post

6.—(1) In rule 16.4 (service by post), for paragraph (5) substitute–

“(5) Where a document is served by a registered post service, a receipt of posting by the operator of that service shall be attached to the certificate of service”.

(2) In rule 21.2 (applications for summary decree), for paragraph (3)(b)(ii) substitute–

“(ii) a certificate of intimation by post in Form 16.4 in respect of each letter of intimation.”.

(3) In rule 50.2 (parties to, and service and intimation of, actions of declarator under the Presumption of Death (Scotland) Act 1977), for paragraph (8)(b) substitute–

“(b) lodge in process a certificate of intimation of those defences by post in Form 16.4.”.

(4) In rule 50.5 (applications for variation or recall of decrees), for paragraph (4)(b) substitute–

“(b) lodge in process a certificate of intimation of those answers by post in Form 16.4.”.

(5) In Form 16.4 (form of certificate of service, or intimation on a warrant, by post)–

(a) after “(name of defender or other person on whom served)” insert “[where applicable, by first class recorded delivery]”; and

(b) omit “The post office receipt [or certificate of posting] is attached to this certificate.”.