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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

95Key defined terms

Explanatory NotesShow EN

(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.

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