Legal Aid (Scotland) Act 1986

SCHEDULE 2 S

Part I S Courts in which Civil Legal Aid is Available

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

• the House of Lords, in appeals from the Court of Session;

• the Court of Session;

• the Lands Valuation Appeal Court;

• the Scottish Land 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;

• in the Restrictive Practices Court under Part III of the M1 Fair Trading Act 1973 (including any proceedings in that court in consequence of an offer made or undertaking given to the court under that Part of that Act);

• in the Lands Tribunal for Scotland;

• in the Employment Appeal Tribunal.

Marginal Citations

M1 1973 c. 41.

2 For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under Article 177 of the EEC Treaty, made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.

Part II S Excepted Proceedings

1 Subject to paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.

2 The making of a counterclaim for defamation or verbal injury in any proceedings shall not of itself affect the availability of legal aid to the other party, and legal aid may be granted for the purposes of defending such a counterclaim.

3 Civil legal aid shall not be available in relation to—

• election petitions under the Representation of the M2 People Act 1983;

• simplified divorce applications under the rules of procedure of the Court of Session or the sheriff court

• [F1 small claim processes at first instance under section 35(2) of the Sheriff Courts (Scotland) Act 1971 (summary causes).]

Textual Amendments

F1 Words inserted by S.I. 1988/2289, reg. 2

Marginal Citations

M2 1983 c. 2.

[F2 4 Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M3 1987, other than proceedings in connection with an application under section 1(1) or 3(1) of that Act to a Lord Ordinary or to the sheriff in an ordinary cause.]

Textual Amendments

F2 Sch. 2 Pt. II paras. 4, 5 added by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 98, 108(2), Sch. 1 para. 5

Marginal Citations

M3 1987 c.18 (45:2).

5 Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M4 1987 from obtaining legal aid in connection with those proceedings.

Marginal Citations

M4 1987 c.18 (45:2).