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Rule 4.3 Lay representation: applicationsF1I1

Scotland

(1)

This rule does not apply where any other enactment makes provision for a party to a particular type of case to be represented by a lay representative.

(2)

A party is represented by a lay representative if that party is represented by a person who is not a legal representative.

(3)

A party litigant may apply to the Court for permission to be represented by a lay representative.

(4)

An application is to be—

(a)

made by motion;

(b)

accompanied by a document in Form 4.3 signed by the prospective lay representative.

(5)

The Court may grant an application only if it considers that it would F2be in the interests of justice to do so.

(6)

Where the Court grants permission, it may—

(a)

do so in respect of one or more specified hearings;

(b)

withdraw permission of its own accord or on the motion of any party.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

F2

Words in rule 4.3(5) substituted (3.7.2017) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017 (S.S.I. 2017/186), paras. 1(2), 3(2)

Commencement

I1

Rule 4.3 in force at 1.1.2016, see rule 1.1(2)