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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Interpretation

19.—(1) In paragraphs 19 to 22—

“authorisation document” means a document executed by a non-natural person of a type mentioned in the first column of the following table authorising an individual holding the relevant position mentioned in the corresponding second column to act as its lay representative—

Type of non-natural personRelevant position
a companya director or a secretary of the company
a limited liability partnershipa member of the limited liability partnership
any other partnershipa partner in the partnership
an unincorporated association of personsa member or office holder of the association

“non-natural person” means—

(a)

a company (whether incorporated in the United Kingdom or elsewhere);

(b)

a limited liability partnership;

(c)

any other partnership; or

(d)

an unincorporated association of persons;

“lay representative” means an individual who is not a legal representative; and

“legal representative” means—

(a)

a solicitor;

(b)

an advocate; or

(c)

a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(1).

(2) An individual holds a relevant position with a non-natural person if the individual—

(a)in the case of a company, is a director or secretary of the company;

(b)in the case of a limited liability partnership, is a member of the partnership;

(c)in the case of any other partnership, is a partner in the partnership; or

(d)in the case of an unincorporated association, is a member or office holder of the association.

(3) References to conducting proceedings are references to exercising, in relation to the proceedings, a function or right (including a right of audience) that a legal representative could exercise in the proceedings.

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