Detailed provisions
Funding for alternativedispute resolution
87.Section 23 of the Act requires the Scottish Ministers to make funding for alternative dispute resolution (ADR) available. Public funding is only available for those ADR processes that take on board the views of the child to at least the same extent as a court is required to do.
88.The provision does not require the Scottish Ministers to make regulations to provide the assistance, as non-legislative mechanisms may be more appropriate. However, if regulations are required then they would be subject to the affirmative procedure.
89.The provision allows Scottish Ministers to set financial and other eligibility criteria for funding. This would allow funding for ADR to be made subject to the usual civil legal aid financial tests.
90.The Scottish Ministers must lay before the Scottish Parliament a statement explaining how they have provided funding for ADR within six months of Royal Assent of the Act. If the Scottish Ministers have not provided funding for ADR then this has to be explained in the statement to the Scottish Parliament.
