Legal Aid (Scotland) Act 1986

SCHEDULE 2 S

Part I S Courts in which Civil Legal Aid is Available

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

• [F1 the [F2 Supreme 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 [F4 Supreme 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;]

• [F7 comprising an appeal to the Social Security Commissioners;

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

• [F9 before the Upper Tribunal of the type described in paragraph 3].

Textual Amendments

F1 Sch. 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Sch. 2 Pt. I para. 1: entry omitted (19.2.2001) by virtue of S.S.I. 2001/42, regs. 2, 3(a)

F6 Sch. 2 Pt. I para. 1: entry added (19.2.2001) by S.S.I. 2001/42, regs. 2, 3(b)

F7 Sch. 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

F8 Sch. 2 Pt. 1 para. 1: entry omitted (9.6.2010) by virtue of The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I. 2010/239), reg. 3(2) (with reg. 2)

F9 Sch. 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)}

2 S For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under Article [F10 234] 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

F10 Words 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 Tribunal S

[F11 3 The 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

F11 Sch. 2 Pt. 1 para. 3 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(4)

Part II S Excepted Proceedings

1 S Subject to [F12 section 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

F12 Words 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)

2 S The 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

F13 Words 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)

[F14 3 S Civil 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

F14 Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2

Marginal Citations

M1 1983 c. 2

M2 1971 c. 58; section 35(2) was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

M3 Section 5(2)(a) amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).

[F15 4 S Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M4 1987, [F16 or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F17 or 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 [F18 of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]

Textual Amendments

F15 Sch. 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

F16 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)

F17 Words in Sch. 2 Pt. 2 para. 4 inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 5 para. 15(a) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1 (with art. 4)

F18 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(ii)

Marginal Citations

M4 1987 c.18 (45:2).

[F19 5 S Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M5 1987 [F20 or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F21 or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] from obtaining legal aid in connection with those proceedings.]

Textual Amendments

F19 Sch. 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

F20 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(b)

F21 Words in Sch. 2 Pt. 2 para. 5 inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 5 para. 15(b) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1 (with art. 4)

Marginal Citations

M5 1987 c.18 (45:2).