Act of Sederunt (Sheriff Court Rules) (Lay Representation) 2013

Summary Application Rules: lay representation

3.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) In rule 1.4 (application) before “Chapter 2” insert “Chapter 1A and”.

(3) After rule 1.4 insert—

“CHAPTER 1A LAY REPRESENTATION

Application and interpretation

1A.1.— (1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the sheriff to be represented by a lay representative.

(2) In this Chapter, a “lay representative” means a person who is not—

(a) a solicitor;

(b) an advocate, or

(c) someone 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.

Lay representation for party litigants

1A.2.— (1) In any proceedings in respect of which no provision as mentioned in rule 1A.1(1) is in force, the sheriff may, on the request of a party litigant, permit a named individual (a “lay representative”) to appear, along with the litigant, at a specified hearing for the purpose of making oral submissions on behalf of the litigant at that hearing.

(2) An application under paragraph (1)—

(a) is to be made orally on the date of the first hearing at which the litigant wishes a named individual to make oral submissions; and

(b) is to be accompanied by a document, signed by the named individual, in Form A1.

(3) The sheriff may grant an application under paragraph (1) only if the sheriff is of the opinion that it would assist his or her consideration of the case to grant it.

(4) It is a condition of permission granted by the sheriff that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

(5) The sheriff may grant permission under paragraph (1) in respect of one or more specified hearings in the case; but such permission is not effective during any period when the litigant is legally represented.

(6) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

(7) Where permission has been granted under paragraph (1), the litigant may—

(a) show the lay representative any document (including a court document); or

(b) impart to the lay representative any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

(8) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.”.

(4) At the start of Schedule 1 insert the form set out in Schedule 2 to this Act of Sederunt.