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In section 70 (proceedings against bodies corporate) of the 1995 Act, for subsection (8) there is substituted—
“(8)In subsection (4) above, “representative” means—
(a)in the case of a body corporate (other than a limited liability partnership), the managing director, secretary or other person in charge, or locally in charge, of its affairs;
(b)in the case of a limited liability partnership, a member of the partnership;
(c)in either case, an employee of the body duly appointed by it for the purpose of the proceedings.
(9)For the purposes of subsection (8)(c) above, a statement—
(a)in the case of a body corporate (other than a limited liability partnership), purporting to be signed by an officer of the body;
(b)in the case of a limited liability partnership, purporting to be signed by a member of the partnership,
to the effect that the person named in the statement has been appointed as the representative for the purposes of any proceedings to which this section applies is sufficient evidence of such appointment.”.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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