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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 · Made 1 June 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Appeal Court

Sheriff Court

Made 1st June 2017

Laid before the Scottish Parliament 2nd June 2017

Coming into force 3rd July 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014f2 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

2014 asp 18.

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of the Rules of the Court of Session
  3. 3Amendment of the Sheriff Appeal Court Rules
  4. 4Amendment of the Ordinary Cause Rules
  5. 5Amendment of the Summary Application Rules
  6. 6Amendment of the Summary Cause Rules
  7. Signature
  8. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017.

(2)

It comes into force on 3rd July 2017.

(3)

A certified copy is to be inserted in the Books of Sederunt.

2Amendment of the Rules of the Court of Session

(1)

The Rules of the Court of Session 1994f1 are amended in accordance with this paragraph.

(2)

In rule 12B.2 (lay representation for party litigants)f2—

(a)

in paragraph (1) for “making oral submissions on behalf of” substitute “representing”;

(b)

in paragraphs (2)(b) and (3) for “make oral submissions” substitute “represent the litigant”;

(c)

in paragraph (4) for “assist the court” substitute “be in the interests of justice”; and

(d)

after paragraph (7) insert—

“(7A)

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.”.

(3)

In the Appendix (forms), in Form 12B.2 (application by party litigant for lay representation)f3 for “make oral submissions on your behalf” substitute “represent you”.

3Amendment of the Sheriff Appeal Court Rules

(1)

The Act of Sederunt (Sheriff Appeal Court Rules) 2015f1 is amended in accordance with this paragraph.

(2)

In rule 4.3 (lay representation: applications) in paragraph (5) for “assist its consideration of the appeal” substitute “be in the interests of justice”.

(3)

In rule 4.4 (lay representation: functions, conditions and duties)—

(a)

in paragraph (1) omit from “for” to the end;

(b)

in paragraph (2) for “make oral submissions” substitute “represent the party”; and

(c)

after paragraph (2) insert—

“(2A)

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.”.

(4)

In schedule 2 (forms), in Form 4.3 (statement of prospective lay representative for appellant or respondent) for “to make oral submissions on behalf of” substitute “permission to represent”.

4Amendment of the Ordinary Cause Rules

(1)

The Ordinary Cause Rules 1993f1 are amended in accordance with this paragraph.

(2)

In rule 1A.2 (lay representation for party litigants)f2—

(a)

in paragraph (1) for “making oral submissions on behalf of” substitute “representing”;

(b)

in paragraph (2)(a) for “make oral submissions” substitute “represent the litigant”;

(c)

in paragraph (3) for “assist his or her consideration of the case” substitute “be in the interests of justice”; and

(d)

after paragraph (6) insert—

“(6A)

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.”.

(3)

In Appendix 1 (forms), in Form 1A.2 (statement by prospective lay representative for pursuer/defender)f3 for “to make oral submissions on behalf of” substitute “permission to represent”.

5Amendment of the Summary Application Rules

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999f1 are amended in accordance with this paragraph.

(2)

In rule 1A.2 (lay representation for party litigants)f2—

(a)

in paragraph (1) for “making oral submissions on behalf of” substitute “representing”;

(b)

in paragraph (2)(a) for “make oral submissions” substitute “represent the litigant”;

(c)

in paragraph (3) for “assist his or her consideration of the case” substitute “be in the interests of justice”; and

(d)

after paragraph (6) insert—

“(6A)

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.”.

(3)

In schedule 1 (forms), in Form A1 (statement by prospective lay representative for pursuer/ defender)f3 for “to make oral submissions on behalf of” substitute “permission to represent”.

6Amendment of the Summary Cause Rules

(1)

The Summary Cause Rules 2002f1 are amended in accordance with this paragraph.

(2)

In rule 2A.2 (lay representation for party litigants)f2—

(a)

in paragraph (1) for “making oral submissions on behalf of” substitute “representing”;

(b)

in paragraph (2)(a) for “make oral submissions” substitute “represent the litigant”;

(c)

in paragraph (3) for “assist his or her consideration of the case” substitute “be in the interests of justice”; and

(d)

after paragraph (6) insert—

“(6A)

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.”.

(3)

In Appendix 1 (forms), in Form A1 (statement by prospective lay representative for pursuer/ defender)f3 for “to make oral submissions on behalf of” substitute “permission to represent”.

Signature

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

1st June 2017

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session, the Sheriff Court Appeal Rules, the Ordinary Cause Rules, the Summary Application Rules and the Summary Cause Rules to extend the role of lay representatives.

Paragraphs 2(2)(c), 3(2), 4(2)(c), 5(2)(c) and 6(2)(c) adjust the test the court applies in considering the grant of permission for a lay representative to act for a litigant so that the test is whether it is in the interests of justice to grant permission.

Paragraphs 2(2)(d), 3(3)(c), 4(2)(d), 5(2)(d) and 6(2)(d) amend the various court rules so that the lay representative may do anything in the preparation and conduct of the hearing that the litigant may do (e.g. conduct a proof).

The other amendments made by this Act of Sederunt are in consequence of the changes mentioned above.