Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision for the administration of legal aid in certain proceedings in Scotland relating to children following the coming into force on 1st April 1987 of the Legal Aid (Scotland) Act 1986. The Regulations supersede, in relation to applications granted on or after 1st April 1987, the Legal Aid (Scotland) (Children) Regulations 1971, which are revoked, and the Legal Aid (Scotland) (Children) Scheme 1971.
The Regulations make provision as to–
(i)what are to be treated as distinct proceedings for the purposes of legal aid (regulation3);
(ii)how to apply for legal aid (regulations 4 and 5);
(iii)attendance for interview and supply of further information by applicants (regulation 6);
(iv)the availability of legal aid where other rights and facilities may be available (regulation 7);
(v)applications in matters of special urgency (regulation 8);
(vi)notification of decisions by the Scottish Legal Aid Board as to the availability of legal aid (regulation 9);
(vii)employment of counsel and expert witnesses (regulation 10); and
(viii)the duty of the Scottish Legal Aid Board in certain circumstances to cease to make legal aid available and its right in such cases to recover sums paid out of the Scottish Legal Aid Fund (regulation 11).