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.”.