Legal Aid (Scotland) Act 1986

Section 13.

SCHEDULE 2

PART I Courts in which Civil Legal Aid is Available

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

• the House of Lords, 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 ;

• in the Restrictive Practices Court under Part III of the [1973 c. 41.] Fair Trading Act 1973 (including any proceedings in that court in consequence of an offer made or undertaking given to the court under that Part of that Act);

• in the Lands Tribunal for Scotland ;

• in the Employment Appeal Tribunal.

2 For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under Article 177 of the EEC Treaty, made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.

PART II Excepted Proceedings

1 Subject to paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.

2 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, and legal aid may be granted for the purposes of defending such a counterclaim.

3 Civil legal aid shall not be available in relation to—

• election petitions under the [1983 c. 2.] Representation of the People Act 1983 ;

• simplified divorce applications under the rules of procedure of the Court of Session or the sheriff court.