Courts Reform (Scotland) Act 2014

CHAPTER 4 LAY REPRESENTATION FOR NON-NATURAL PERSONS

95 Key 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.

96 Lay 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.

97 Lay 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,

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

98 Lay 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.