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Rule 13 RepresentativesI1

Scotland

(1)

A party may be represented in any proceedings by a legal representative or lay representative whose details must be communicated to the Upper Tribunal prior to any hearing.

(2)

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

(3)

Where a document or information is disclosed under paragraph (2), the lay representative or legal representative is subject to any prohibition or restriction on disclosure in the same way that the party is.

(4)

Anything permitted or required to be done by a party under these Rules, a practice direction or an order may be done by a lay representative, except signing of an affidavit or a precognition.

(5)

The Upper Tribunal may order that a lay representative is not to represent a party if—

(a)

it is of the opinion that the lay representative is an unsuitable person to act as a lay representative (whether generally or in the proceedings concerned); or

(b)

it is satisfied that to do so would be in the interests of the efficient administration of justice.

Annotations

Commencement

I1

Sch. rule 13 in force at 1.12.2016, see reg. 1(2)

Notes on Schedule

Modifications

C1

Rules excluded (22.11.2018) by The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (S.S.I. 2018/274), regs. 1(2), 2

C2

Rules excluded (1.4.2023) by The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 2022 (S.S.I. 2022/365), regs. 1(2), 2

C3

Rules excluded (2.12.2024) by The Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024 (S.S.I. 2024/249), regs. 1(2), 2