Lay representation for non natural persons

Sep 22, 2016

The Act of Sederunt makes provision regarding the lay representation of non-natural persons in civil proceedings in the Court of Session, the Sheriff Appeal Court and the sheriff court, and partly implements Chapter 4 (lay representation for non-natural persons) of the Courts Reform (Scotland) Act 2014.

A ‘non – natural person’ as defined in Section 95 of the Courts Reform (Scotland) Act 2014 means:

  •  a company (whether incorporated in the United Kingdom or elsewhere)
  • a limited liability partnership
  • any other partnership
  • an unincorporated association of persons.

The Act of Sederunt provides procedural rules and a Form of application for applications to the court for permission for a lay representative to conduct proceedings on behalf of a non-natural person. The rules include a requirement that an application must be accompanied by an authorisation document. The function, conditions and duties of a lay representative are set out in the rules and provision is made for occasions where the court may find a lay representative and non- natural person liable in expenses.

The Act comes into force on 28 November 2016.


Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat.