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16.4.—(1) This rule applies to service of a document by post [F1but is subject to rule 61.2(3) and (4) (order as respects intimation of petition for appointment of judicial factor)].
(2) Service by post shall be executed by–
(a)a messenger-at-arms, or
(b)an agent,
posting a copy of the document to be served with any citation or notice, as the case may be, by registered post or the first class recorded delivery service addressed to the person on whom service is to be executed and having on the face of the envelope a notice in the following terms:– “This envelope contains a citation to, or intimation from, the Court of Session. If delivery of the letter cannot be made it must be returned immediately to the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ.”.
(3) Where English is not an official language of the country in which service is to be executed, a translation in an official language of that country of the notice required under paragraph (2) shall appear on the face of the envelope.
(4) The person executing service of a document shall complete–
(a)a citation or notice, as the case may be; and
(b)a certificate of service in Form 16.4.
(5) A Post Office receipt of posting by registered post or a certificate of posting by the first class recorded delivery service, as the case may be, issued and stamped by the Post Office shall be attached to the certificate of service.
(6) The date of execution of service shall be deemed to be the day after the date of posting.
(7) Subject to rule 16.11 (no objection to regularity of service or intimation), the execution of service by post shall be valid unless the person on whom service was sought to have been made proves that the envelope and its contents were not tendered or left at his address.
Textual Amendments
F1Words in Sch. 2 rule 16.4(1) inserted (1.8.1997) by Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Judicial Factors) 1997 (S.I. 1997/1720), paras. 1(1), 4
Commencement Information
I1Sch. 2 rule 16.4 in force at 5.9.1994, see para. 1(1)
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