Part 4Legal aid

71Availability of civil legal aid for defamation or verbal injury

1

The 1986 Act is amended as follows.

2

In section 14 (availability of civil legal aid), after subsection (1B) insert—

1C

In the case of proceedings described in paragraph 1 of Part II of Schedule 2 to this Act, civil legal aid shall be available to a person only if, in addition to the requirements which have to be met under subsection (1) and section 15 of this Act and subject to paragraph 2 of Part II of Schedule 2, such criteria as may be set out by the Scottish Ministers in directions given to the Board are met.

1D

A direction given under subsection (1C) may—

a

include criteria in respect of which the Board may require to satisfy itself;

b

make different provision for different purposes;

c

be varied or revoked at any time.

1E

Where the Scottish Ministers give a direction under subsection (1C)—

a

the Board must comply with it;

b

the Scottish Ministers must arrange for the direction to be published in such manner as they consider appropriate.

3

In Part II of Schedule 2 (excepted proceedings)—

a

in paragraph 1, after “to” insert “ section 14(1C) and ”;

b

in paragraph 2, the words “, and legal” to the end are repealed.