EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session, the Sheriff Court Appeal Rules, the Ordinary Cause Rules, the Summary Application Rules and the Summary Cause Rules to extend the role of lay representatives.

Paragraphs 2(2)(c), 3(2), 4(2)(c), 5(2)(c) and 6(2)(c) adjust the test the court applies in considering the grant of permission for a lay representative to act for a litigant so that the test is whether it is in the interests of justice to grant permission.

Paragraphs 2(2)(d), 3(3)(c), 4(2)(d), 5(2)(d) and 6(2)(d) amend the various court rules so that the lay representative may do anything in the preparation and conduct of the hearing that the litigant may do (e.g. conduct a proof).

The other amendments made by this Act of Sederunt are in consequence of the changes mentioned above.