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Paragraph 19 InterpretationI1

Scotland

(1)

In paragraphs 19 to 22—

  • “authorisation document” means a document executed by a non-natural person of a type mentioned in the first column of the following table authorising an individual holding the relevant position mentioned in the corresponding second column to act as its lay representative—

    Type of non-natural personRelevant position
    a companya director or a secretary of the company
    a limited liability partnershipa member of the limited liability partnership
    any other partnershipa partner in the partnership
    an unincorporated association of personsa member or office holder of the association
  • “non-natural person” means—

    1. (a)

      a company (whether incorporated in the United Kingdom or elsewhere);

    2. (b)

      a limited liability partnership;

    3. (c)

      any other partnership; or

    4. (d)

      an unincorporated association of persons;

  • “lay representative” means an individual who is not a legal representative; and

  • “legal representative” means—

    1. (a)

      a solicitor;

    2. (b)

      an advocate F1...

    3. (c)

      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

An individual holds a relevant position with a non-natural person if the individual—

(a)

in the case of a company, is a director or secretary of the company;

(b)

in the case of a limited liability partnership, is a member of the partnership;

(c)

in the case of any other partnership, is a partner in the partnership; or

(d)

in the case of an unincorporated association, is a member or office holder of the association.

(3)

References to conducting proceedings are references to exercising, in relation to the proceedings, a function or right (including a right of audience) that a legal representative could exercise in the proceedings.

Annotations

Textual amendments

F1

Words in sch. 4 para. 19(1) omitted (15.6.2017) by virtue of Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (S.S.I. 2017/154), paras. 1(2), 3(6)

Commencement

I1

Sch. 4 para. 19 in force at 15.6.2017, see rule 1.1(2)