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.