The Civil Legal Aid (Scotland) Regulations 2002

Applications under the European Judgments Convention S

46.—(1) This regulation applies where–

(a) application is made for legal aid for the purpose of applying to the Court of Session in accordance with section 4 of the Civil Jurisdiction and Judgments Act 1982 M1 for the registration for enforcement of a judgment other than a maintenance order; and

(b) application for legal aid is made by or on behalf of a person who wishes to enforce a maintenance order in Scotland–

(i) for the purpose of an application to the sheriff court in accordance with section 5 of the Civil Jurisdiction and Judgments Act 1982; or

(ii) for the purpose of any proceedings following on such an application;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (d) application for legal aid is made in relation to proceedings in respect of which the sheriff court has jurisdiction, or an appeal in respect of which the Inner House of the Court of Session has jurisdiction, by, or on behalf of, a person who has made an application to the Scottish Ministers under Chapter III of the Hague Convention and the person—

(i) is entitled to free legal assistance by virtue of Article 15(1) of that Convention; or

(ii) has, in a State bound by the Hague Convention F3 ..., benefitted from free legal assistance and is entitled to free legal assistance by virtue of Article 17(b) of that Convention].

(2) In the case of an application to which this regulation applies–

(a) section 15 of the Act shall be modified so as to provide that a person making such application shall be eligible for legal aid without regard to that person’s income or capital;

(b) section 17 of the Act shall be modified so as to provide that a person making such application shall not require to pay any contribution to the Fund in respect of income or capital nor shall that person require, where there is a net liability to the Fund on that person’s account, to pay the amount of that liability to the Board out of any property which is recovered or preserved for that person;

(c) regulation 5 above shall be modified so as to provide that the application for legal aid–

F4 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) requires to be accompanied by a statement F5 ... explaining the nature of the case and the interest of the applicant therein; and

(d) regulation 7(2) above shall be modified so as to provide that paragraph (1) of that regulation shall not apply in the case of an application for legal aid to which this regulation applies.

[F6 (3) In the case of an application made in the circumstances referred to in paragraph (1)(c)(i) [F7 or (d)(i)], the Act is further modified in accordance with regulation 45(2)(a).

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F9 (5) In paragraph (1)(d), “the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]

Textual Amendments

F1 Reg. 46(1)(c) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 34(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 46(1)(d) inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 4(2)(a)

F3 Words in reg. 46(1)(d)(ii) omitted (31.12.2020) by virtue of The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(b), 9(2) (with regs. 12, 13)

F4 Reg. 46(2)(c)(i) omitted (1.4.2011) by virtue of The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (S.S.I. 2011/161), regs. 1, 7(9)(a)

F5 Words in reg. 46(2)(c)(ii) omitted (1.4.2011) by virtue of The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (S.S.I. 2011/161), regs. 1, 7(9)(b)

F6 Reg. 46(3)(4) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 30(b)

F7 Words in reg. 46(3) inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 4(2)(b)

F8 Reg. 46(4) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 34(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 46(5) inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 4(2)(c)

Marginal Citations

M1 1982 c.27.