Lay representation

CPAG

Lay representation

Lay representation is allowed for any proceedings under the Debtors (Scotland) Act 1987 and also through the sheriff court (and tribunal) rules, depending on the type of civil action that has been raised. More information on lay representation can be found on the Scottish Courts and Tribunals Service website.1

Rules for lay representatives

Simple Procedure Rules – Part 2

Summary Cause Rules – Chapter 2 and Chapter 2A

Ordinary Cause Rules – Chapter 1A

Summary Application Rules – Chapter 1A

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 SSI No.328 – regulation 10

Advisers should prepare for the hearing and ensure that they have a completed income and expenditure form, as well as any other relevant documents and arguments that they intend to use.

Some advisers go with a two-year limit on the length of time that a TTPO is asked for, but there is no legislation that states this. It is up to the sheriff to decide whether they think it is reasonable.

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Debt Advice Handbook Scotland 1st ed - with new material

Written in partnership with Citizens Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including on interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with bailiffs. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s abilities to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt adviser as a first step in accessing primary legislation and regulations, and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughou

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CPAG

This content was last updated:2024-10-22

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