The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Service

3.—(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.