1Civil legal aid shall be available in relation to civil proceedings in—
[F1the Judicial Committee of the Privy Council, in references, appeals and applications for special leave to appeal under paragraphs 10, 12 and 13(b) of Schedule 6 to the Scotland Act 1998;]
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 M1Fair 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.
Textual Amendments
F1Sch. 2 Pt. 1 para. 1: entry inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), art. 3, Sch. 1 para. 11(5)
Marginal Citations
1Civil 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 M1Fair 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
2For 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.
1Subject to paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.
2The 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.
[F23SCivil legal aid shall not be available in relation to —
(a)election petitions under the Representation of the People Act 1983 M2;
(b)simplified divorce applications under the Rules of Procedure of the Court of Session or the sheriff court;
(c)small claims processes at first instance under section 35(2) of the Sheriff Courts (Scotland) Act 1971 M3 summary causes); and
(d)petitions by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 M4.]
Textual Amendments
F2Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2
Marginal Citations
M31971 c. 58; section 35(2) was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).
M4Section 5(2)(a) amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).
[F34Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M51987, 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
F3Sch. 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
5Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M61987 from obtaining legal aid in connection with those proceedings.