Service of applications on noticeE+W
This section has no associated Explanatory Memorandum
11.4.—(1) Subject to paragraphs (3) and (4A), where an application is made on notice, the applicant must serve a copy of the application, together with the notice of proceedings, personally on—
(a)the respondent;
(b)the person who is the subject of the proceedings (if that person is neither the applicant nor a respondent); and
(c)any other person directed by the court,
not less than 2 days before the date on which the application will be heard.
(2) The court may abridge the period specified in paragraph (1).
(3) Service of the application must be effected by the court if the applicant so requests (this does not affect the court's power to order substituted service).
(4) Where the application is served on the person who is the subject of the proceedings, it must be accompanied by a notice informing that person—
(a)how to apply to become a party to the proceedings; and
(b)of that person's right to make representations in writing or orally at any hearing.
(5) Where the person who is the subject of proceedings is not the applicant and is—
(a)a child;
(b)a person, not being a party, who lacks or may lack capacity within the meaning of the 2005 Act; or
(c)a protected party,
the court will give the directions about the persons who are to be served with the application.
(6) Where an application is served by the applicant, the applicant must file a certificate of service stating the date and time of personal service.