PART 3CIVIL PROCEDURE
CHAPTER 4LAY REPRESENTATION FOR NON-NATURAL PERSONS
I295Key defined terms
1
This section applies for the purposes of the interpretation of this Chapter.
2
“Non-natural person” means—
a
a company (whether incorporated in the United Kingdom or elsewhere),
b
a limited liability partnership,
c
any other partnership,
d
an unincorporated association of persons.
3
“Lay representative” means an individual who is not a legal representative.
4
“Legal representative” means—
a
a solicitor,
b
an advocate, or
c
a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
5
An individual holds a relevant position with a non-natural person if the individual—
a
in the case of a company, is a director or secretary of the company,
b
in the case of a limited liability partnership, is a member of the partnership,
c
in the case of any other partnership, is a partner in the partnership,
d
in the case of an unincorporated association, is a member or office holder of the association.
6
For the purposes of section 96, an individual also holds a relevant position with a non-natural person if the individual is an employee of the non-natural person.
7
References to conducting proceedings are references to exercising, in relation to the proceedings, a function or right (including a right of audience) that a legal representative could exercise in the proceedings.
I396Lay representation in simple procedure cases
1
This section applies in any simple procedure case to which a non-natural person is a party.
2
A lay representative may conduct proceedings in the case on behalf of the non-natural person if—
a
the lay representative holds a relevant position with the non-natural person,
b
the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings on behalf of the non-natural person or another person,
c
the lay representative is authorised by the non-natural person to conduct the proceedings,
d
the lay representative does not have a personal interest in the subject matter of the proceedings, and
e
the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).
3
In subsection (2)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural person would have.
4
Subsection (2) is subject to provision made by an act of sederunt under section 98.
I497Lay representation in other proceedings
1
This section applies in civil proceedings (other than a simple procedure case) to which a non-natural person is a party.
2
A lay representative may, if the court grants permission, conduct the proceedings on behalf of the non-natural person.
3
The court may grant permission if satisfied that—
a
the non-natural person is unable to pay for the services of a legal representative to conduct the proceedings,
b
the lay representative is a suitable person to conduct the proceedings, and
c
it is in the interests of justice to grant permission.
4
For the purposes of subsection (3)(b), a lay representative is a suitable person to conduct the proceedings if—
a
the lay representative holds a relevant position with the non-natural person,
b
the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings on behalf of the non-natural person or another person,
c
the lay representative is authorised by the non-natural person to conduct the proceedings,
d
the lay representative does not have a personal interest in the subject matter of the proceedings, and
e
the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).
5
In subsection (4)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural person would have.
6
For the purposes of subsection (3)(c), in deciding whether it is in the interests of justice to grant permission, the court must have regard, in particular, to—
a
the non-natural person's prospects of success in the proceedings, and
b
the likely complexity of the proceedings.
7
Subsection (2) is subject to provision made by an act of sederunt under section 98.
8
In this section—
“civil proceedings” means civil proceedings in—
- a
the Court of Session,
- b
the Sheriff Appeal Court, or
- c
the sheriff court,
- a
“the court”, in the case of proceedings in the sheriff court, means the sheriff.
I198Lay representation: supplementary provision
1
The Court of Session may, by act of sederunt, make further provision about—
a
the granting of permission under section 97, and
b
the conduct of proceedings by lay representatives by virtue of this Chapter.
2
Provision under subsection (1) may include, in particular, provision—
a
about the procedure to be followed in considering applications for permission under section 97 (including provision for applications to be considered in chambers and without hearing the parties),
b
regulating the conduct of lay representatives in exercising a function or right by virtue of this Chapter,
c
about the authorisation of lay representatives for the purposes of this Chapter,
d
imposing conditions on the exercise by lay representatives of a function or right by virtue of this Chapter or enabling the court to impose such conditions in particular cases,
e
enabling the court, in particular cases, to withdraw a lay representative's right to exercise a function or right by virtue of this Chapter if the representative contravenes provision made by virtue of the act of sederunt,
f
enabling the court to make an order preventing a lay representative from conducting any proceedings before any court on behalf of non-natural persons,
g
enabling the court, in awarding expenses against a non-natural person in any case, to find a lay representative jointly and severally liable for the expenses.
3
An act of sederunt under subsection (1) may make different provision for different purposes.
4
In this section, “the court”, in the case of proceedings in the sheriff court, means the sheriff.