Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/189 |
| Year | 2012 |
2012 No. 189
Court Of Session
Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 2012
Made 6th June 2012
Laid before the Scottish Parliament 8th June 2012
Coming into force 9th July 2012
The Lords of Council and Session, under and by virtue of the powers conferred by sections 5 and 5A of the Court of Session Act 19881and of all other powers enabling them in that behalf, do hereby enact and declare:
Citation, commencement etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 2012 and comes into force on 9th July 2012.
(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(3) In this Act of Sederunt, “the Rules” means the Rules of the Court of Session 19942.
Lay Representation
2.—(1) The Rules are amended in accordance with the following subparagraphs.
(2) After Chapter 12A (lay support for party litigants) insert—
“CHAPTER 12B
LAY REPRESENTATION
Application and interpretation
12B.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 court to be represented by a lay representative.
(2) In this Chapter, a “lay representative” means a person who is not—
(a)
(a) a solicitor;
(b)
(b) an advocate; or
(c)
(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
12B.2.—(1) In any cause depending before the court in respect of which no provision as mentioned in rule 12B.1(is in force, a party litigant may apply to the court for permission for 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) is to be made—
(a)
(a) by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12B.2; and
(b)
(b) subject to paragraph (3), prior to the date of the hearing at which the litigant wishes the lay representative to make oral submissions.
(3) The court may grant an application made on the day of the hearing at which the litigant wishes the lay representative to make oral submissions if it is satisfied that there are exceptional reasons why the application could not have been made prior to that day.
(4) The court may grant an application under paragraph (1) only if it is of the opinion that it would assist the court to grant it.
(5) It is a condition of permission granted by the court that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.
(6) The court may grant permission under paragraph (1) in respect of one or more specified hearings in the cause; but such permission is not effective during any period when the litigant is legally represented.
(7) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).
(8) Where...
To continue reading
Request your trial