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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

98Lay representation: supplementary provision

This section has no associated Explanatory Notes

(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.

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