MAGISTRATES' COURTS Citation, commencement and interpretation 1 1 These Rules may be cited as the Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004 and shall come into operation on the same day as Article 3 of the Anti-social Behaviour (Northern Ireland) Order 2004 comes into operation. 2 In these Rules – a “the 2004 Order” means the Anti-social Behaviour (Northern Ireland) Order 2004 and expressions used in these Rules and in the 2004 Order have the same meaning as in the 2004 Order; and b a reference to a Form by number means the Form so numbered in the Schedule to these Rules or a Form to the like effect. Forms 2 1 A summons issued on complaint for an anti-social behaviour order under Article 3 of the 2004 Order shall be in Form 1. 2 An anti-social behaviour order under Article 3 of the 2004 Order shall be in Form 2. 3 An interim anti-social behaviour order under Article 4 of the 2004 Order shall be in Form 3. 4 An anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings shall be in Form 4. Application for variation or discharge 3 1 A summons issued on complaint for the variation or discharge of – a an anti-social behaviour order under Article 3 of the 2004 Order; b an interim anti-social behaviour order under Article 4 of the 2004 Order; or c an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings, shall be in Form 5, and such proceedings shall be in a magistrates' court acting for the petty sessions district in which the order was made. Service of documents 4 1 Service of any summons under these Rules may be effected – a by serving a copy of the summons on the person or body to be served in person; or b by sending a copy of the summons by ordinary first class post to the person or body to be served at his last-known address (in which cases the summons shall be deemed to have been received by him in the ordinary course of post, unless he proves that he did not receive it). 2 As soon as reasonably practicable after the making of: a an anti-social behaviour order under Article 3 of the 2004 Order; b an interim anti-social behaviour order under Article 4 of the 2004 Order; or c an anti-social behaviour order under Article 6 of the 2004 Order made on conviction in criminal proceedings, the clerk of petty sessions shall serve a copy of that order on the defendant – i where the defendant is present, in person if practicable; or ii by sending it by ordinary first class post to the defendant at his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it), and shall send a copy by ordinary first class post to the complainant. 3 Where the court makes an order varying or discharging an order specified in Rule 3, the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied or discharged – a where the defendant is present, in person if practicable; or b by sending it by ordinary first class post to the defendant at either his last known address (in which cases the order shall be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it), and shall send a copy by ordinary first class post to the complainant. 4 In paragraph (3) references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the order was originally made. Signed by the authority of the Lord Chancellor Christopher Leslie Parliamentary Under-Secretary of State, Department for Constitutional Affairs Dated 3rd August 2004