Act of Sederunt (Rules of the Court of Session 1994) 1994

Service in cases of mental disorder of defender

49.13.—(1) In a family action where the defender suffers or appears to suffer from mental disorder and is resident in a hospital or other similar institution, service of the summons shall be executed in accordance with rule 16.4 (service by post) addressed to the medical officer in charge of that hospital or institution; and there shall be included with the copy of the summons–

(a) any notice required by rule 49.14(1) (notices in certain actions of divorce or separation);

(b) a request in Form 49.13–A requesting the medical officer to–

(i) deliver and explain the summons, citation and any notice or form of notice of consent required under rule 49.14(1); or

(ii) certify that such delivery or explanation would be dangerous to the health or mental condition of the defender; and

(iii) complete the certificate in Form 49.13–B; and

(c) a stamped envelope addressed for return of that certificate to the pursuer or his agent, if he has one.

(2) The medical officer referred to in paragraph (1) shall send the certificate in Form 49.13–B duly completed to the pursuer or his agent, as the case may be.

(3) The certificate mentioned in paragraph (2) shall be attached to the summons when it is lodged for calling.

(4) Where such a certificate bears that the summons has not been delivered to the defender, the court may, at any time while the action is depending–

(a) order such further medical inquiry, and

(b) make such order for further service or intimation,

as it thinks fit.