PART 3CIVIL PROCEDURE

CHAPTER 4LAY REPRESENTATION FOR NON-NATURAL PERSONS

I197Lay 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—

    1. a

      the Court of Session,

    2. b

      the Sheriff Appeal Court, or

    3. c

      the sheriff court,

  • “the court”, in the case of proceedings in the sheriff court, means the sheriff.