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

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision regarding lay representation for non-natural persons in civil proceedings. It partly implements Chapter 4 (lay representation for non-natural persons) of the Courts Reform (Scotland) Act 2014 (asp 18) (“the 2014 Act”).

Paragraphs 2 to 4 apply to civil proceedings in the Court of Session, Sheriff Appeal Court and sheriff court. Paragraph 5 applies to those proceedings and simple procedure cases.

Paragraph 3 provides that an application by an individual to be the lay representative of a non-natural person in civil proceedings is to be made in the Form set out in the schedule. The application must be accompanied by an “authorisation document”, as defined in paragraph 2. Applications may be considered in chambers and without hearing the parties. Permission for a lay representative to conduct proceedings may be granted in respect of one or more specified hearings and the court may withdraw permission for lay representation of its own accord or on the motion of a party.

Paragraph 4 makes provision regarding the disclosure to lay representatives of documentation and information about the proceedings and the confidentiality obligations on the lay representative in respect of that documentation and information. Paragraph 4(3) allows for the imposition by the court of conditions on the exercise of functions by lay representatives where this is necessary in the interests of justice.

Paragraph 5 provides that the court may find a lay representative jointly and severally liable, with the non-natural person, for the expenses, where the lay representative has acted unreasonably in the conduct of proceedings.