PART 3CIVIL PROCEDURE

CHAPTER 4LAY REPRESENTATION FOR NON-NATURAL PERSONS

95Key defined terms

(1)

This section applies for the purposes of the interpretation of this Chapter.

(2)

“Non-natural person” means—

(a)

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

(b)

a limited liability partnership,

(c)

any other partnership,

(d)

an unincorporated association of persons.

(3)

“Lay representative” means an individual who is not a legal representative.

(4)

“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.

(5)

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,

(d)

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

(6)

For the purposes of section 96, an individual also holds a relevant position with a non-natural person if the individual is an employee of the non-natural person.

(7)

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.