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.