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16.12.—(1) This rule applies to–
(a)the execution of any diligence on a warrant, act or decree of the court other than–
(i)an arrestment to which rule 16.13 (arrestment of ships and arrestment in rem of cargo on board ship) applies; or
(ii)an arrestment to which rule 16.14(1) (arrestment in rem of cargo landed or transhipped) applies; and
(b)diligence in execution of a writ registered for execution in the Books of Council and Session.
(2) Subject to the following paragraphs of this rule, the execution of any diligence by virtue of these Rules on a person shall be executed by a messenger-at-arms in the same manner as service of a document is permitted under rule 16.1(1)(a)(i), (ii) or (iii) or (b)(i) (methods and manner of service); and, where appropriate, the following provisions of Part I (service and intimation) shall, with the necessary modifications, apply to the execution of diligence as they apply to service of a document:–
rule 16.3(1) to (4) (service by messenger-at-arms),
rule 16.4(2)(a), (3), (6) and (7) (service by post).
(3) In the application under this rule, by virtue of paragraph (2), of–
(a)sub-paragraph (b) of paragraph (1) of rule 16.3 (completion of citation or notice and certificate of service) for the reference to Form 16.3 in that sub-paragraph there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15 (forms for diligence); and
(b)sub-paragraph (b) of paragraph (4) of rule 16.4 (completion of citation or notice and certificate of service), for the reference to Form 16.4 in that sub-paragraph, there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15.
(4) The execution of such diligence on–
(a)an individual who is resident furth of Scotland,
(b)a person who has no registered office, other official address or a place of business in Scotland,
(c)a person whose residence is not known and cannot reasonably be ascertained, or
(d)a person on whom service cannot be executed in a manner permitted under paragraph (2),
shall be executed edictally by a messenger-at-arms leaving or depositing the appropriate schedule mentioned in rule 16.15. at the office of the Extractor.
(5) Where the execution of diligence is made edictally under paragraph (4), a copy of the schedule left at the office of the Extractor shall be sent by a messenger-at-arms by registered post or the first class recorded delivery service to the place furth of Scotland where the person on whom diligence is executed edictally resides, has his registered office, official address or place of business, as the case may be, or such last known place.
(6) A messenger-at-arms executing diligence shall have in his possession–
(a)in the case of diligence on a warrant in a principal writ, the principal writ or a copy of it certified as correct by the agent for the party whose writ it is,
(b)in the case of diligence on a warrant in an interlocutor, a certified copy of that interlocutor, or
(c)in the case of diligence on an extract of an act or a decree, or a document registered in the Books of Council and Session, the extract,
which he shall show, if required, to any person on whom he executes diligence.
(7) The party on whose behalf diligence has been executed in a cause depending before the court shall attach the certificate of execution to the document containing the warrant for diligence.
Textual Amendments
F1Word in Sch. 2 rule 16.12 heading substituted (5.12.1994) by Act of Sederunt (Rules of the Court of Session 1994 Amendment No.3) (Miscellaneous) 1994 (S.I. 1994/2901), paras. 1(1), 2(4)
Commencement Information
I1Sch. 2 rule 16.12 in force at 5.9.1994, see para. 1(1)
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