Statutory Instrument 1992 No. 1966

The Lay Representatives (Rights of Audience) Order 1992

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© Crown Copyright 1992

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1992 No. 1966

COUNTY COURTS

The Lay Representatives (Rights of Audience) Order 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 11 and 120 of the Courts and Legal Services Act 1990^[1] and having consulted the Senior Presiding Judge, hereby makes the following Order:—

    1.    This Order may be cited as the Lay Representatives (Rights of Audience) Order 1992 and shall come into force on 26th October 1992.

    2.—(1)  Subject to paragraph (2), any person may exercise rights of audience in proceedings which stand referred to arbitration by virtue of Order 19, rule 3 of the County Court Rules 1981^[2].

"Proceedings which stand referred to arbitration" do not include proceedings—
 (a) at any stage after the award has been entered as the judgment in the proceedings;
 (b) on any appeal brought against any decision made by the district judge in the proceedings;
 (c) on any application to set aside the award.

    (2)  A lay representative may not exercise any right of audience where his client does not attend the hearing.

Mackay of Clashfern, C.

5th August 1992

This Order gives lay representatives rights of audience in small claims cases dealt with by arbitration in county courts. Small claims are those in which the sum claimed or amount involved does not exceed £1,000; unless the court orders otherwise, they are automatically referred for arbitration by the district judge upon the receipt by the court of a defence to the claim.

The lay representative cannot be heard if the lay client he represents does not attend the hearing.

[1] 1990 c. 41. back

[2] S.I. 1981/1687; the relevant amending instrument is S.I.1992/1965; the rule cited in article 2 is made under County Courts Act 1984 (c. 28), section 64. back