Service of charge where defender’s address is unknown13A

1

Where a defender’s address is unknown to the pursuer, a charge shall be deemed to have been served on the defender if it is served on the sheriff clerk of the sheriff court district where the defender’s last known address is located and is displayed by the sheriff clerk on the walls of that court for the period of the charge.

2

On receipt of such a charge the sheriff clerk shall display it on the walls of court.

3

The period specified in the charge shall run from the first date on which it was displayed on the walls of court and it shall remain displayed for the period of charge.

4

On the expiry of the period of charge the sheriff clerk shall endorse a certificate on the charge certifying that it has been displayed in accordance with this rule and shall thereafter return it to the officer of court by whom service was effected.

Applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970107A

1

An application or counter-application to the sheriff under Part II of the Conveyancing and Feudal Reform (Scotland) Act 19704 shall be brought–

a

as an ordinary cause, where any other remedy is craved; or

b

as a summary application, where no other remedy is craved.

2

An interlocutor of the sheriff disposing of an application or counter-application under paragraph (1) shall be final and not subject to appeal except as to a question of title or as to any other remedy granted.

Referral to Family Conciliation Service132F

In any cause where the custody of, or access to, a child is in dispute the sheriff may, at any stage in the proceedings where he considers it appropriate to do so, refer the parties to a specified Family Conciliation Service.