SCHEDULE 3 Sheriff Appeal Court: General amendments

PART 1 Modification of primary legislation

Legal Aid (Scotland) Act 1986

1.—(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 28D (availability of children’s legal aid: child)(1)—

(a) in subsection (1), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b) in subsection (4) , for “sheriff principal” substitute “Sheriff Appeal Court”.

(3) In section 28E (availability of children’s legal aid: relevant person)(2)—

(a) in subsection (1)(b), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b) in subsection (4), for “sheriff principal” substitute “Sheriff Appeal Court”.

(4) In section 28F(1) (availability of children’s legal aid: appeals relating to deemed relevant person)(3)—

(a) in paragraph (d), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b) in paragraph (e)—

(i) for “sheriff principal” substitute “Sheriff Appeal Court”; and

(ii) for “sheriff principal’s” substitute “Sheriff Appeal Court’s”.

(5) In section 28LA (power of Scottish Ministers to provide for children’s legal aid to be available to other persons in relation to court proceedings)(4)—

(a) in subsection (3)(d), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b) in subsection (5)(c), for “sheriff principal” substitute “Sheriff Appeal Court”.

(1)

Section 28D was inserted by section 191 of the Children’s Hearings (Scotland) Act 2011 (asp 1; “the 2011 Act”).

(2)

Section 28E was inserted by section 191 of the 2011 Act.

(3)

Section 28F was inserted by section 191 of the 2011 Act and amended by paragraph 3(2) of schedule 5 of the Children and Young People (Scotland) Act 2014 (asp 8).

(4)

Section 28LA was inserted by section 92 of the Children and Young People (Scotland) Act 2014.