The County Court (Amendment No. 2) Rules 1983

2.  Order 7 shall be amended by substituting, for rule 10, the following new rule:—

“10.—(1) Subject to the provisions of any Act or rule (including the following paragraphs of this rule), service of a summons shall be effected—

(a)by the plaintiff delivering the summons to the defendant personally; or

(b)by an officer of the court sending it by first-class post to the defendant at the address stated in the request for the summons.

(2) Unless the plaintiff or his solicitor otherwise requests, service shall be effected in accordance with paragraph (1)(b).

(3) Where a summons is served in accordance with paragraph (1)(b), the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the summons was sent to the defendant.

(4) Where a summons has been sent by post in accordance with paragraph (1)(b) to the address stated in the request for the summons and has been returned to the court office undelivered, notice of non-service shall be sent pursuant to rule 6(2) together with a notice informing the plaintiff that he may request bailiff service at that address and, if such service is requested, it shall be effected by a bailiff of the court—

(a)inserting the summons, enclosed in an envelope addressed to the defendant, through the letterbox at the address stated in the request for the summons, or

(b)delivering the summons to some person, apparently not less than 16 years old, at the address stated in the request for the summons, or

(c)delivering the summons to the defendant personally.

(5) Service of a fixed date summons shall be effected not less than 21 days before the return day; but, without prejudice to the power to abridge that period under Order 13, rule 4, service may be effected at any time before the return day on the plaintiff satisfying the registrar by affidavit that the defendant is about to remove from the address stated in the request for the summons.”.