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(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.
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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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