Part III Civil Legal Aid
C1C214 Availability of civil legal aid.
1
Subject to section 15 of this Act and to F1subsections (1F) and (2) below, civil legal aid shall be available to a person if, on an application made to the Board—
a
the Board is satisfied that he has a probabilis causa litigandi; and
b
it appears to the Board that it is reasonable in the particular circumstances of the case that he should receive legal aid.
F21A
In the case of proceedings in such courts or tribunals as may be specified in regulations under this Act, civil legal aid shall be available to a person only if, in addition to the requirements which have to be met under subsection (1) above and section 15 of this Act, such criteria as may be prescribed in those regulations are met.
1B
In subsection (1A) above, the reference to courts or tribunals shall be construed in accordance with section 13(6) of this Act.
F31C
In the case of proceedings described in paragraph 1 of Part II of Schedule 2 to this Act, civil legal aid shall be available to a person only if, in addition to the requirements which have to be met under subsection (1) and section 15 of this Act and subject to paragraph 2 of Part II of Schedule 2, such criteria as may be set out by the Scottish Ministers in directions given to the Board are met.
1D
A direction given under subsection (1C) may—
a
include criteria in respect of which the Board may require to satisfy itself;
b
make different provision for different purposes;
c
be varied or revoked at any time.
1E
Where the Scottish Ministers give a direction under subsection (1C)—
a
the Board must comply with it;
b
the Scottish Ministers must arrange for the direction to be published in such manner as they consider appropriate.
F41F
Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.
1G
The Board shall establish a procedure under which any person receiving civil legal aid under this section which is subject to conditions by virtue of subsection (1F) may apply to the Board for a review of any such condition.
2
The Board may require a person receiving civil legal aid to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive civil legal aid.
3
F5Subject to subsections (4) to (6) below, the Board shall establish a procedure under which any person whose application for legal aid under this section has been refused may apply to the Board for a review of his application.
F64
Where—
a
the Board has refused an application for civil legal aid by a person who has applied for such aid for the purpose of raising an action against the Board; and
b
the applicant has applied to the Board for a review of his application,
the Board shall, unless they decide to grant the application forthwith, refer the application, together with all relevant precognitions, statements and other papers, including any observations they wish to make on the application, to the sheriff for Lothian and Borders at Edinburgh.
5
Subject to section 15 of this Act, and to subsection (2) above, where the sheriff decides—
a
that the applicant has a probabilis causa litigandi ; and
b
that it is reasonable in the particular circumstances of the case that he should receive legal aid,
he shall so inform the Board, and the Board shall make civil legal aid available to the applicant.
6
A decision made by the sheriff under subsection (5) above shall be final.