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The Civil Legal Aid (Scotland) Regulations 2002

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Distinct proceedings for purposes of legal aid

4.—(1) For the purposes of legal aid the following proceedings shall, subject to paragraph (2) below, be treated as distinct proceedings:–

(a)proceedings in the sheriff court insofar as they are proceedings in a court of first instance;

(b)proceedings before the sheriff principal on appeal from the sheriff;

(c)proceedings in the Court of Session, whether in the Inner House or before a Lord Ordinary, insofar as they are proceedings in a court of first instance;

(d)proceedings in the Court of Session, insofar as they are proceedings in an appellate court;

(e)proceedings in the House of Lords on appeal from the Court of Session;

(f)proceedings in the Lands Valuation Appeal Court;

(g)proceedings in the Scottish Land Court;

(h)proceedings before the Lands Tribunal for Scotland;

(i)proceedings before the Employment Appeal Tribunal;

(j)proceedings in the Judicial Committee of the Privy Council on appeal from the Court of Session under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998(1) including any application for special leave to appeal;

(k)proceedings before the Social Security Commissioners and the Child Support Commissioners;

(l)proceedings before the Proscribed Organisations Appeals Commission.

(2) Where proceedings are initiated in the sheriff court and are thereafter remitted to the Court of Session or are initiated in the Court of Session and remitted to the sheriff court, the proceedings in the court to which the case is remitted shall not be treated as distinct from the proceedings in the initial court.

(3) Where in any of the distinct proceedings specified in paragraph (1) above, any decree or order has been granted in favour of the assisted person, those proceedings shall be treated as including any step, other than the taking of proceedings for civil imprisonment or for sequestration or the raising of an action of furthcoming following arrestment, in the execution of diligence following such decree or order.

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