Act of Sederunt (Lay Representation for Non-Natural Persons) 2016

Citation, commencement and application, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Lay Representation for Non-Natural Persons) 2016.

(2) It comes into force on 28th November 2016.

(3) A certified copy is to be inserted in the Books of Sederunt.

(4) Paragraphs 2 to 4 apply to civil proceedings to which section 97 (lay representation in other proceedings) of the 2014 Act applies.

(5) Paragraph 5 applies to civil proceedings to which a non-natural person is a party, including simple procedure cases.

Interpretation

2.  In this Act of Sederunt—

“the 2014 Act” means the Courts Reform (Scotland) Act 2014;

“authorisation document” means a document executed by a non-natural person of a type mentioned in column 1 of the following table authorising an individual holding the relevant position mentioned in the corresponding column 2 to act as its lay representative—

Type of non-natural person	Relevant position
a company	a director or a secretary of the company
a limited liability partnership	a member of the limited liability partnership
any other partnership	a partner in the partnership
an unincorporated association of persons	a member or office holder of the association	;

“the court”, in the case of proceedings in the sheriff court, means the sheriff; and

“lay representative”, “legal representative” and “non-natural person” have the meanings given by section 95 of the 2014 Act.

Applications

3.—(1) An application under section 97(2) of the 2014 Act for permission for a lay representative to conduct proceedings on behalf of a non-natural person is to be made in the Form set out in the schedule of this Act of Sederunt.

(2) The application must be accompanied by an authorisation document.

(3) An application may be considered in chambers and without hearing the parties.

(4) Where the court grants an application, it may—

(a) do so in respect of one or more specified hearings;

(b) withdraw permission of its own accord or on the motion of a party.

Lay representatives: functions, conditions and duties

4.—(1) A lay representative may be shown any document (including a court document) or receive any information about the proceedings without the non-natural person, or any of its office holders or employees, contravening any prohibition or restriction on disclosure of the document or information.

(2) Where a document or information is disclosed under subparagraph (1), the lay representative is subject to any prohibition or restriction on disclosure in the same way that the non-natural person is.

(3) The court, of its own accord or on the motion of a party, may impose conditions on the exercise of functions by a lay representative, where it is necessary to do so in the interests of justice.

Liability of lay representative for expenses

5.  Where—

(a) a lay representative has acted unreasonably in the conduct of proceedings; and

(b) the court awards expenses against the non-natural person,

the court may find the lay representative and the non-natural person jointly and severally liable for those expenses.

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

30th August 2016