Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

Service

9.—(1) Rule 11 of the Magistrates' Courts Rules (Northern Ireland) 1984 shall apply to the service of a summons under these Rules.

(2) Service of any other document under these Rules may be effected—

(a) if the person to be served is not known by the person serving to be acting by solicitor—

(i) by delivering it to him personally, or

(ii) by delivering it at, or by sending it by first class post to, his residence or his last known residence, or

(b) if the person to be served is known by the person serving to be acting by solicitor—

(i) by delivering the document at, or sending it by first class post to, the solicitor’s address for service,

(ii) where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or

(iii) by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

(3) In this rule, “first class post” means first class post which has been pre-paid or in respect of which pre-payment is not required.

(4) Where a child who is a party to any relevant proceedings is required by these rules to serve a document, service shall be effected by—

(a) the solicitor acting for the child,

(b) where there is no such solicitor, the guardian ad litem, or

(c) where there is neither such a solicitor nor a guardian ad litem, the clerk of petty sessions.

(5) Service of any document on a child shall, subject to any direction of the court, be effected by service on—

(a) the solicitor acting for the child,

(b) where there is no such solicitor, the guardian ad litem, or

(c) where there is neither such a solicitor nor a guardian ad litem, with leave of the court, the child.

(6) Where the court refuses leave under paragraph (5)(c), a direction shall be given under paragraph (8).

(7) A document shall, unless the contrary is proved, be deemed to have been served—

(a) in the case of service by first class post, on the second business day after posting, and

(b) in the case of service in accordance with paragraph (1)(b)(ii), on the second business day after the day on which it is left at the document exchange.

(8) In any relevant proceedings, where these rules require a document to be served, the court may, without prejudice to any power under rule 15, direct that—

(a) the requirement shall not apply;

(b) the time specified by the rules for complying with the requirement shall be abridged to such extent as may be specified in the direction;

(c) service shall be effected in such manner as may be specified in the direction.