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see also Part 6, Practice Direction 6B

# Practice Direction – Service This Practice Direction supplements Part 6, Section 1 of the Family Procedure (Adoption) Rules 2005

## Methods of Service

### 1.1

The various methods of service are set out in rule 35.

### 1.2

The following provisions apply to the specific methods of service referred to.

## Service by Document Exchange

### 2.1

Service by document exchange (DX) may take place only where:

(1) the legal representative’s address for service includes a numbered box at a DX; or

(2) the writing paper of the legal representative sets out the DX box number; and

(3) the legal representative has not indicated in writing that they are unwilling to accept service by DX.

(‘Legal representative’ is defined in rule 6)

### 2.2

Service by DX is effected by leaving the document addressed to the numbered box:

(1) at the DX of the legal representative; or

(2) at a DX which sends documents to that legal representative’s DX every business day.

## Service by the court

### 3

Where the court effects service of a document in accordance with rule 36, the method will normally be by first class post.

## Service on members of H.M. Forces

### 4.1

Where a person to be served (the ‘serviceman’) is known to be serving or to have recently served as a member of H.M. Forces the applicant’s legal representative may obtain the address for service of proceedings under the Adoption and Children Act 2002 from the appropriate officer of the Ministry of Defence as specified in the table in paragraph 4.7.

### 4.2

The letter of enquiry should in every case show that the writer is a legal representative and that the enquiry is made solely with a view to the service of legal documents in those proceedings.

### 4.3

In all cases the letter should give the full name, service number, rank or rating, and Ship, Arm or Trade, Regiment or Corps and Unit or as much of this information as is available. Failure to quote the service number and the rank or rating may result either in failure to identify the serviceman or in considerable delay.

### 4.4

The letter should contain an undertaking by the legal representative that if the address is given, it will be used solely for the purpose of issuing and serving documents in the proceedings and that so far as is possible the legal representative will disclose the address only to the court and not to the applicant or any other person, except in the normal course of the proceedings. A legal representative in the service of a public authority or private company should undertake that the address will be used solely for the purpose of issuing and serving documents in the proceedings and that the address will not be disclosed so far as is possible to any other part of his employing organisation or to any other person but only to the court. Normally on receipt of the required information and undertaking the appropriate office will give the service address.

### 4.5

If the legal representative does not give the undertaking, the only information he will receive will be whether the serviceman is at that time serving in England or Wales, Scotland, Northern Ireland or outside the United Kingdom.

### 4.6

It should be noted that a serviceman’s address which ends with a British Forces Post Office address and reference (BFPO) will nearly always indicate that he is serving outside the United Kingdom.

### 4.7

The letter of enquiry should be addressed as follows –

### 4.8

Once the applicant’s legal representative has learnt the serviceman’s address, that address may be used for service by post, in cases where this method of service is allowed by the Rules.

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

An application can be made via the OPSI website (opens in a new window) or by e-mailing: licensing@opsi.gov.uk

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