{
  "url": "https://openlegislation.uk/act-of-sederunt-amendment-of-summary-cause-and-small-claim-rules-1991/article-3",
  "json_url": "https://openlegislation.uk/act-of-sederunt-amendment-of-summary-cause-and-small-claim-rules-1991/article-3.json",
  "legislation": "uksi/1991/821",
  "legislation_title": "Act of Sederunt (Amendment of Summary Cause and Small Claim Rules) 1991",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-amendment-of-summary-cause-and-small-claim-rules-1991",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Amendment of Small Claim Rules",
  "text": "(1) The Act of Sederunt (Small Claim Rules) 1988 shall be amended in accordance with the following provisions of this paragraph.\n(2) After rule 1, insert the following:—\n“1A In these rules, unless the context otherwise requires, “authorised lay representative” means a person to whom section 32(1) of the Solicitors (Scotland) Act 1980 (offence to prepare writs) does not apply by virtue of section 32(2)(a) of that Act.”.\n(3) In rule 17(2), insert after the word “litigant” the words “or an authorised lay representative”.\n(4) For rule 26 (expenses), substitute the following rule:—\n“26 Subject to section 36B of the Sheriff Courts (Scotland) Act 1971 and to paragraph 4 of the Small Claims (Scotland) Order 1988, rule 88 (expenses) of the Summary Cause Rules shall apply to the determination of an award of expenses in a small claim as it applies to the determination of such an award in a summary cause.”.\n(5) For rule 30 (representation), substitute the following rule:—\n“30 (1) A party may be represented by an advocate, solicitor or, subject to the following provisions of this rule, an authorised lay representative.\n(2) Subject to the following provisions of this rule, an authorised lay representative may in representing a party do all such things for the preparation and conduct of a small claim as may be done by ail individual conducting his own claim.\n(3) An authorised lay representative shall cease to represent a party if the sheriff finds either that the authorised lay representative is not a suitable person to represent the party or that he is not authorised to do so.”.\n(6) In Appendix 1 (forms) in forms 12 and 14, after the words “Solicitor for Pursuer” wherever they occur, insert the words “or authorised lay representative (if any)”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1988/1976."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1971 c. 58; section 36B was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(2)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1988/1999."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/821/article/3",
    "retrieved_at": "2026-10-29T14:46:52.998450+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}