SCHEDULES
SCHEDULE 4 Transitional Provisions and Savings
Legal aid and advice and assistance
4
1
Any application for legal aid duly made under the 1967 Act or for advice and assistance duly made under the 1972 Act which has been made, but not determined, before the appointed day shall be treated as an application duly made under this Act.
2
For the purposes of this paragraph and paragraph 3 above an application for legal aid is determined—
a
in the case of legal aid in connection with—
i
civil proceedings (including an appeal in such proceedings);
ii
an appeal in criminal proceedings; or
iii
an appeal against the decision of the sheriff under Part III of the M1Social Work (Scotland) Act 1968,
when a legal aid certificate is issued or refused;
b
in the case of legal aid in connection with—
i
criminal proceedings; or
ii
proceedings before the sheriff under Part III of the Social Work (Scotland) Act 1968,
when the court grants or refuses legal aid.
3
For the purposes of this paragraph and paragraph 3 above an application for advice and assistance is determined when the solicitor to whom the application is made agrees or, as the case may be, refuses to accept the application and to provide advice and assistance.