SCHEDULES

SCHEDULE 2S

Part IS Courts in which Civil Legal Aid is Available

1SCivil 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;

  • [F5the 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;

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • in the Lands Tribunal for Scotland;

  • in the Employment Appeal Tribunal[F7;

  • before the Proscribed Organisations Appeal Commission;]

  • [F8comprising an appeal to the Social Security Commissioners;

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .];

  • [F10before the First-tier Tribunal for Scotland of the type described in paragraph 2A;]

  • [F11in or with respect to an appeal to the Upper Tribunal for Scotland a (including an application for permission to appeal);]

  • [F12before the Upper Tribunal of the type described in paragraph 3].

Textual Amendments

F2Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 5), ss. 40, 148(1), Sch. 9 {para. 85(4)}; S.I. 2009/1604, art. 2(d)

F3Words in Sch. 2 Pt. 1 para. 1 substituted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 73(2), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(c)

F4Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 45; S.I. 2009/1604, art. 2(d)

F6Sch. 2 Pt. I para. 1: entry omitted (19.2.2001) by virtue of S.S.I. 2001/42, regs. 2, 3(a)

F7Sch. 2 Pt. I para. 1: entry added (19.2.2001) by S.S.I. 2001/42, regs. 2, 3(b)

F8Sch. 2 Pt. I para. 1: entries inserted (1.12.2002) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2002 (S.I. 2002/532), reg. 2

F12Sch. 2 Pt. 1 para. 1: entry inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I 2010/239), {reg. 3(3)}

2SFor the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under [F13Article 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.

Textual Amendments

Proceedings before the First-tier Tribunal for ScotlandS

[F142A.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.]

Textual Amendments

Proceedings for judicial review before the Upper TribunalS

[F153The 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.]

Textual Amendments