SCHEDULES

SCHEDULE 2S

Part IS Courts in which Civil Legal Aid is Available

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

  • [F1the [F2Supreme Court], in references, appeals and applications for special leave to appeal under paragraphs 10, 12 [F3, 13(b), 32 and 33] of Schedule 6 to the Scotland Act 1998;]

  • the [F4Supreme Court], 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;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • in the Lands Tribunal for Scotland;

  • in the Employment Appeal Tribunal[F6;

  • before the Proscribed Organisations Appeal Commission;]

  • [F7comprising an appeal to the Social Security Commissioners;

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .];

  • [F9before the Upper Tribunal of the type described in paragraph 3].

Textual Amendments

F2Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 5), ss. 40, 148(1), Sch. 9 {para. 85(4)}; S.I. 2009/1604, art. 2(d)

F3Words in Sch. 2 Pt. 1 para. 1 substituted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 73(2), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(c)

F4Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 45; S.I. 2009/1604, art. 2(d)

F5Sch. 2 Pt. I para. 1: entry omitted (19.2.2001) by virtue of S.S.I. 2001/42, regs. 2, 3(a)

F6Sch. 2 Pt. I para. 1: entry added (19.2.2001) by S.S.I. 2001/42, regs. 2, 3(b)

F7Sch. 2 Pt. I para. 1: entries inserted (1.12.2002) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2002 (S.I. 2002/532), reg. 2

F9Sch. 2 Pt. 1 para. 1: entry inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I 2010/239), {reg. 3(3)}

2SFor the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under Article [F10234] of the EEC Treaty, made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.

Textual Amendments

F10Words in Sch. 2 Pt. I para. 2 substituted (19.2.2001) by S.S.I. 2001/42, regs. 2, 4

Proceedings for judicial review before the Upper TribunalS

[F113The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.]

Textual Amendments

Part IIS Excepted Proceedings

1SSubject to [F12section 14(1C) and] paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.

Textual Amendments

F12Words in Sch. 2 Pt. II para. 1 inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007, {arts. 71(3)(a)}, 82(2) (with s. 77); S.S.I. 2007/57, art. 2(b)

2SThe 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 F13. . . .

Textual Amendments

F13Words in Sch. 2 Pt. II para. 2 repealed (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 71(3)(b), 82(2) (with s. 77); S.I. 2007/57, art. 2(b)

[F143SCivil legal aid shall not be available in relation to —

(a)election petitions under the Representation of the People Act 1983 M1;

(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 M2 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 M3.]

Textual Amendments

F14Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2

Marginal Citations

M3Section 5(2)(a) amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).

[F154SSubject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M41987, [F16or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F17or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] other than proceedings in connection with an application under section 1(1) or 3(1) of that Act [F18of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]

Textual Amendments

Marginal Citations

M41987 c.18 (45:2).

[F195SNothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M51987 [F20or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F21or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] from obtaining legal aid in connection with those proceedings.]

Textual Amendments

Marginal Citations

M51987 c.18 (45:2).