SCHEDULE 41972 ACT: RULES OF PROCEDURE
Service3
1
Where service of a document is required by this Schedule or by a rule where this Schedule applies to proceedings pursuant to that rule, it may be effected, unless the contrary is indicated—
a
if the person to be served is not known by the person serving to be acting by a legal representative—
i
by delivering it to that person personally; or
ii
by delivering it at, or by sending it by first-class post to, that person’s residence or last known residence; or
b
if the person to be served is known by the person serving to be acting by a legal representative—
i
by delivering the document at, or sending it by first-class post to, the legal representative’s address for service;
ii
where the legal representative’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 legal representative’s office.
2
In this paragraph, “first-class post” means first-class post which has been pre-paid or in respect of which pre-payment is not required.
3
Unless the contrary is proved, a document will 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 sub-paragraph (1)(b)(ii), on the second business day after the day on which it is left at the document exchange.
4
In any proceedings where this Schedule, or a rule where this Schedule applies, requires a document to be served, the court or the justices’ clerk may, without prejudice to any power under paragraph 4, direct that—
a
the requirement will not apply;
b
the time specified by the rules for complying with the requirement will be abridged to such extent as may be specified in the direction;
c
service is to be effected in such manner as may be specified in the direction.