Part 4The legal profession
Chapter 3Solicitors and other representatives
Lay representation
126Court of Session rules
In the Court of Session Act 1988—
a
in section 5 (power to regulate procedure), after paragraph (ee) insert—
ef
to permit a lay representative, when appearing at a hearing in any category of cause along with a party to the cause, to make oral submissions to the Court on the party’s behalf.
b
after section 5 insert—
5ARules for lay representation
1
Rules under section 5(ef)—
a
are to apply to situations in which the party is not otherwise represented,
b
may specify other conditions by reference to which the rules are to apply.
2
Section 5(ef) is subject to any enactment under which special provision may be made for a party to a particular type of case before the Court to be represented by a lay representative.
3
In section 5(ef) and this section, a “lay representative” is a person who is not—
a
a solicitor,
b
an advocate, or
c
one 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.
127Sheriff court rules
In the Sheriff Courts (Scotland) Act 1971—
a
in section 32 (power of Court of Session to regulate civil procedure), in subsection (1), after paragraph (m) insert—
n
permitting a lay representative, when appearing at a hearing in any category of civil proceedings along with a party to the proceedings, to make oral submissions to the sheriff on the party’s behalf.
b
after section 32 insert—
32ARules for lay representation
1
Rules under section 32(1)(n)—
a
are to apply to situations in which the party is not otherwise represented,
b
may specify other conditions by reference to which the rules are to apply.
2
Section 32(1)(n)—
a
does not restrict the operation of section 36(1),
b
is subject to any enactment (apart from section 36(1)) under which special provision may be made for a party to a particular type of case before the Court to be represented by a lay representative.
3
In section 32(1)(n) and this section, a “lay representative” is a person who is not—
a
a solicitor,
b
an advocate, or
c
one 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.