Paragraph 1A.2 Lay representation for party litigantsF1

In any proceedings in respect of which no provision as mentioned in rule 1A.1(1) is in force, the sheriff may, on the request of a party litigant, permit a named individual (a “lay representative”) to appear, along with the litigant, at a specified hearing for the purpose of F2representing the litigant at that hearing.

An application under paragraph (1)—

The sheriff may grant an application under paragraph (1) only if the sheriff is of the opinion that it would F4be in the interests of justice to grant it.

It is a condition of permission granted by the sheriff that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

The sheriff may grant permission under paragraph (1) in respect of one or more specified hearings in the case; but such permission is not effective during any period when the litigant is legally represented.

The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do.

Where permission has been granted under paragraph (1), the litigant may—

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.