The Children’s Legal Assistance (Scotland) Regulations 2013

Distinct proceedings

6.—(1) In this regulation any reference to a numbered section is to a section bearing that number in the 2011 Act.

(2) For the purposes of children’s legal aid the following are treated as distinct proceedings—

(a) an application to the sheriff to vary or terminate a child protection order under section 48;

(b) subject to paragraph (3), an application to the sheriff to extend or vary an interim compulsory supervision order under section 98;

(c) subject to paragraph (3), an application to the sheriff to further extend or vary an interim compulsory supervision order under section 99;

(d) an application to the sheriff to establish grounds under section 101;

(e) an application to the sheriff for review of a grounds determination under section 110;

(f) an appeal to the sheriff against a decision of the children’s hearing under section 154;

(g) an appeal to the sheriff against a relevant person determination under section 160;

(h) an appeal to the sheriff against a decision relating to a contact or permanence order under section 161;

(i) an appeal to the sheriff against a decision to implement a secure accommodation authorisation under section 162;

(j) an appeal to the sheriff principal or the Court of Session against a determination or decision of a sheriff under section 163;

(k) an appeal to the sheriff principal or the Court of Session against a decision of a sheriff in an appeal against a relevant person determination under section 164;

(l) an appeal to the sheriff principal or the Court of Session against a decision of a sheriff in an appeal relating to a contact or permanence order under section 165;

(m) an appeal to the Court of Session against a determination or decision of the sheriff principal under section 163;

(n) an appeal to the Court of Session against a decision of the sheriff principal in an appeal against a relevant person determination under section 164;

(o) an appeal to the Court of Session against a decision of the sheriff principal in an appeal relating to a contact or permanence order under section 165;

(p) an application to the sheriff for review of a decision or determination imposing a duty on a local authority under section 166; and

(q) an appeal to the sheriff principal against a determination of a review, or the making of an order, by a sheriff under section 167.

(3) An application under paragraph (2)(b) or (c) is not to be treated as distinct proceedings where—

(a) the application arises as part of other proceedings under the 2011 Act; and

(b) the person, who would otherwise be required by virtue of paragraph (2) to apply for children’s legal aid, has already been granted children’s legal aid.