Section 126 – Court of Session Rules
258.Section 126 adds a section 5(ef) to the Court of Session Act 1988. This extends the Court of Session’s power to make rules to include rules permitting a lay representative, when appearing along with a party at a hearing in any type of case to make oral submissions to the Court on the party’s behalf. It also inserts new section 5A after section 5 of the 1988 Act, which defines the term “lay representative” and provides that the new rules:
only apply if the party is not otherwise represented;
may specify conditions as to when the rules apply; and
are subject to any other enactment that makes special provision about lay representation in a particular type of case.