The Civil Legal Aid (Scotland) Regulations 1987

Part II Applications for Legal Aid

Form of Application

5.—(1) Subject to regulations 6 and 18 below, an application for legal aid under section 14 of the Act shall be–

(a) in writing, in such form as the Board may require, and signed by the applicant;

(b) accompanied by a statement, signed by the applicant and by or on behalf of the solicitor acting for the applicant, as to the nature of the case and the interest of the applicant therein;

(c) accompanied, so far as possible, by such precognitions and other documents as may be requisite to enable the Board to determine the application; and

(d) endorsed with a certificate by or on behalf of the solicitor either that notification of the application has been made to the opponent or his solicitor in accordance with regulation 7 below or, as the case may be, that the whereabouts of the opponent are unknown, or that the Board has determined that notification should be dispensed with or postponed.

(2) Where the applicant resides outside the United Kingdom and is not able to be present in the United Kingdom when his application is being considered, the application, which shall be in English or in French, shall, subject to paragraph (3) below, be sworn–

(a) if the applicant resides within the Commonwealth or the Republic of Ireland, before any Justice of the Peace or Magistrate, or any person for the time being authorised by law, in the place where he is, to administer an oath for any judicial or other legal purpose, or

(b) if the applicant resides elsewhere, before a consular officer in the service of Her Majesty’s Government in the United Kingdom, or any other person for the time being authorised to exercise the functions of such an officer or having authority to administer an oath in that place for any judicial or other legal purpose,

and shall be accompanied by a statement in writing, signed by some responsible person who has knowledge of the facts, certifying that part of the application which relates to the applicant’s disposable income and disposable capital.

(3) The requirements of paragraph (2) above may be waived in whole or in part by the Board where it is satisfied that compliance with them would cause serious difficulty, inconvenience or delay and the application satisfies the requirements of paragraph (1) above.

Applications on behalf of children

6.  Without prejudice to the right of a minor to apply under regulation 5 above, application on behalf of a child may be made by his parent or guardian or by any person in whose care he is, or by a person acting for the purpose of any proceedings as his tutor or curator.

Notification to opponent

7.—(1) Subject to paragraph (2) below, it shall be the duty of the solicitor acting for the applicant to send to any opponent, or to the solicitor acting for any opponent–

(a) a copy of the application (other than any part containing information as to the means of the applicant);

(b) a copy of the statement referred to in regulation 5(1)(b) above; and

(c) notice of the opponent’s right, under regulation 8 below, to make representations to the Board.

(2) Paragraph (1) above shall not apply if–

(a) the address of the opponent and his solicitor is not known to and could not reasonably be ascertained by the solicitor acting for the applicant; or

(b) the Board, on the application of the solicitor acting for the applicant, determine that notification should be dispensed with or postponed.

Right of opponent to make representations

8.  Any opponent may, within 14 days (or, in the case of an opponent resident outside the United Kingdom, 28 days) of the making of the application, or such longer time as the Board may in the particular circumstances allow, make to the Board representations in writing as to the application, and the Board shall, except where they make legal aid available under regulation 18 below, consider any such representations before determining the application.

Attendance for interview and supply of information

9.  An applicant for legal aid shall, if required by the Board to do so, attend for interview by a representative of the Board or supply such further information or documents as the Board may require to enable it to determine the application.