Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017

Amendment of the Ordinary Cause Rules

4.—(1) The Ordinary Cause Rules 1993(1) are amended in accordance with this paragraph.

(2) In rule 1A.2 (lay representation for party litigants)(2)—

(a) in paragraph (1) for “making oral submissions on behalf of” substitute “representing”;

(b) in paragraph (2)(a) for “make oral submissions” substitute “represent the litigant”;

(c) in paragraph (3) for “assist his or her consideration of the case” substitute “be in the interests of justice”; and

(d) after paragraph (6) insert—

“(6A) Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do.”.

(3) In Appendix 1 (forms), in Form 1A.2 (statement by prospective lay representative for pursuer/defender)(3) for “to make oral submissions on behalf of” substitute “permission to represent”.

(1)

The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2017/132.

(2)

Rule 1A.2 was inserted by S.S.I. 2013/91.

(3)

Form 1A.2 was inserted by S.S.I. 2013/91.