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Rule 4.4 Lay representation: functions, conditions and dutiesF1I1

Scotland

(1)

A lay representative may represent a party at a specified hearing F2....

(2)

The party must appear along with the lay representative at any hearing where the lay representative is to F3represent the party.

(F42A)

Where permission is granted under rule 4.3, the lay representative may do anything in the preparation or conduct of the hearing that the party may do.

(3)

A party may show any document (including a court document) or communicate any information about the proceedings to that party’s lay representative without contravening any prohibition or restriction on disclosure of the document or information.

(4)

Where a document or information is disclosed under paragraph (3), the lay representative is subject to any prohibition or restriction on disclosure in the same way that the party is.

(5)

A lay representative must not receive directly or indirectly from the party any remuneration or other reward for assisting the party.

(6)

Any expenses incurred by a party in connection with a lay representative are not recoverable expenses in the proceedings.

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 4.4(1) omitted (3.7.2017) by virtue of 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(3)(a)

F3

Words in rule 4.4(2) 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(3)(b)

F4

Rule 4.4(2A) inserted (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(3)(c)

Commencement

I1

Rule 4.4 in force at 1.1.2016, see rule 1.1(2)