The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

Applications for legal aid

4.—(1) An application for legal aid in connection with proceedings to which the provisions of section 30(1) of the Act apply shall be made to the court dealing with the alleged contempt in writing and in such form as the court may require, or in such manner as the court may accept as sufficient in any particular case.

(2) The court’s decision on an application for an award for legal aid under section 30(1) shall be intimated forthwith to the Board and the applicant or his solicitor or counsel.

(3) An application to the Board for legal aid in connection with the proceedings to which the provisions of section 30(3) of the Act apply shall—

(a) be in writing in such form and giving such information as the Board may require;

(b) include the name and address of the solicitor nominated by the applicant to act for him;

(c) be signed by the applicant or where the applicant on cause shown is unable to sign the application, by a person authorised by the applicant, or, where the applicant is mentally disordered in terms of section 1(2) of the Mental Health (Scotland) Act 1984((1)), by the applicant’s legal representative; and

(d) include a certificate by the solicitor nominated by the applicant that he is of the opinion that in all circumstances there are substantial grounds for making an appeal together with a statement of the nature of the grounds for the appeal.

(4) An applicant for legal aid under section 30(3) of the Act shall, if required by the Board to do so, attend for interview by a representative of the Board or supply such further information or documents as the Board may require to enable it to determine the application.

(1)

1984 c. 36.