The Civil Legal Aid (Scotland) Regulations 1987

Part I General

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) Regulations 1987 and shall come into force on 1st April 1987.

Revocations

2.  Without prejudice to their continuation in effect for certain purposes by virtue of paragraph 3 of Schedule 4 to the Act, the Regulations specified in Schedule 1 to these Regulations are hereby revoked.

Interpretation

3.  In these Regulations, unless the context otherwise requires–

“the Act” means the Legal Aid (Scotland) Act 1986;

“assisted person” means a person in receipt of legal aid in the proceedings in question;

“child” means a person under the age of 16 years;

“income” includes benefits and privileges, and the income of the person concerned includes any sum payable for the purpose of the maintenance of a child including any sum payable to him under the order of a court or under any agreement for that purpose;

“legal aid” means “civil legal aid” within the meaning of section 13(2) of the Act;

“maximum contribution” means the maximum amount of a person’s contribution to the Fund in respect of any proceedings;

“opponent”, in relation to an application for legal aid, means a party, other than the applicant, interested in the proceedings for which legal aid is sought;

“period of computation” means the period of 12 months next ensuing from the date of the application for legal aid, or such other period of 12 months as in the particular circumstances of any case the Board may consider to be appropriate;

“person concerned” means the person whose disposable income, disposable capital, and maximum contribution are to be determined or redetermined or the person whose resources are to be treated as the resources of any other person, under these Regulations.

Distinct proceedings for purposes of legal aid

4.—(1) For purposes of legal aid the following proceedings shall, subject to paragraph (2) below, be treated as distinct proceedings–

(a) proceedings in the sheriff court insofar as they are proceedings in a court of first instance;

(b) proceedings before the sheriff principal on appeal from the sheriff;

(c) proceedings in the Court of Session, whether in the Inner House or before a Lord Ordinary, insofar as they are proceedings in a court of first instance;

(d) proceedings in the Court of Session, insofar as they are proceedings in an appellate court;

(e) proceedings in the House of Lords on appeal from the Court of Session;

(f) proceedings in the Lands Valuation Appeal Court;

(g) proceedings in the Scottish Land Court;

(h) proceedings before the Lands Tribunal for Scotland;

(i) proceedings before the Employment Appeal Tribunal;

(j) proceedings in the Restrictive Practices Court under Part III of the Fair Trading Act 1973(1) and any proceedings in that court in consequence of an offer made, or undertaking given to the court, under that Part of that Act.

(2) Where proceedings are initiated in the sheriff court and are thereafter remitted to the Court of Session or are initiated in the Court of Session and remitted to the sheriff court, the proceedings in the court to which the case is remitted shall not be treated as distinct from the proceedings in the initial court.

(3) Where in any of the distinct proceedings specified in paragraph (1) above, any decree or order has been granted in favour of the assisted person, those proceedings shall be treated as including any step, other than the taking of proceedings for civil imprisonment or for sequestration or the raising of an action of furthcoming following arrestment, in the execution of diligence following such decree or order.

(1)

1973 c. 41.