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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 28 March 2017 at 11:20)
61   Service on persons under legal incapacity
(cf former Part 78, rule 58)
(1)  Service on a person under legal incapacity of a notice under this Division is to be effected in accordance with this rule.
(2)  The notice may be served:
(a)  if the person has a tutor, on the tutor, or
(b)  if the person has no tutor, on someone with whom the person resides or in whose care the person is.
(3)  If the person to be served is a minor, the notice may also be served:
(a)  on the minor, but only if he or she is aged 16 years or more and is under legal incapacity by reason only of minority, or
(b)  on a parent of the minor, or
(c)  on a guardian of the minor’s person or estate.
(4)  The notice may also be served on any person (including the person under legal incapacity) whom the Court may, before or after the service, approve.
(5)  Service of the notice on a person under legal incapacity who has no tutor does not take effect until a tutor is appointed.