SCHEDULES

SCHEDULE 2

Part I Courts in which Civil Legal Aid is Available

1

Civil legal aid shall be available in relation to civil proceedings in—

  • F1the F2Supreme Court, in references, appeals and applications for special leave to appeal under paragraphs 10, 12 F3, 13(b), 32 and 33 of Schedule 6 to the Scotland Act 1998;

  • the F4Supreme Court, in appeals from the Court of Session;

  • the Court of Session;

  • the Lands Valuation Appeal Court;

  • the Scottish Land Court;

  • F12the Sheriff Appeal Court;

  • the sheriff court,

and in relation to proceedings—

  • before any person to whom a case is referred in whole or in part by a court mentioned above;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • in the Lands Tribunal for Scotland;

  • in the Employment Appeal TribunalF6;

  • before the Proscribed Organisations Appeal Commission;

  • F7comprising an appeal to the Social Security Commissioners;

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

  • F15before the First-tier Tribunal for Scotland of the type described in paragraph 2A;

  • F13in or with respect to an appeal to the Upper Tribunal for Scotland a (including an application for permission to appeal);

  • F9before the Upper Tribunal of the type described in paragraph 3.

2

For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under F11Article 267 of the Treaty on the Functioning of the European Union, made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.

2AF14Proceedings before the First-tier Tribunal for Scotland

The proceedings before the First-tier Tribunal for Scotland mentioned in paragraph 1 are—

a

those transferred to it by section 16(1) of the Housing (Scotland) Act 2014, in relation to the following enactments—

i

the Rent (Scotland) Act 1984;

ii

the Housing (Scotland) Act 1988;

iii

the Housing (Scotland) Act 2006;

b

those in relation to the Private Housing (Tenancies) (Scotland) Act 2016.

3F10Proceedings for judicial review before the Upper Tribunal

The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.