The Civil Legal Aid (Scotland) Regulations 1987

Part VIII Particular Courts, Tribunals and Proceedings

Appeals to the House of Lords

43.—(1) Where an application for legal aid relates to an appeal to the House of Lords, the solicitor for the applicant at the time of lodging the application shall send to the Clerk of Parliaments a copy of the application other than that part relating to the means of the applicant.

(2) Where under the terms of these Regulations the Board is required to notify the applicant of its decisions, the Board shall, in addition, notify the Clerk of Parliaments.

Restrictive Practices Court

44.—(1) In this regulation the expression “the proper officer of the court” has the same meaning as in the Restrictive Practices Court Rules 1976(1).

(2) Where it appears to the Board that an application for legal aid relates to proceedings in the Restrictive Practices Court which are likely to be conducted in England and Wales or Northern Ireland, it shall transmit the application forthwith to the Law Society in England and Wales or to the Incorporated Law Society of Northern Ireland, as the case may be, and shall notify the applicant and his solicitor that it has done so.

(3) Where it appears to the Board doubtful whether the proceedings to which an application for a certificate relates will be conducted in the Restrictive Practices Court when sitting in Scotland, or in England and Wales or Northern Ireland, it shall request the proper officer of the court to determine that question and that determination shall be binding upon the Board.

(4) Where legal aid has been made available for proceedings in the Restrictive Practices Court, and there is a change of circumstances regarding the conduct of proceedings in that, by direction of the Court, they will be wholly or partly conducted in England and Wales or Northern Ireland–

(a) legal aid shall continue to be available;

(b) for any proceedings in England and Wales, the assisted person shall continue to be represented by the solicitor and counsel, if any, who represented him in Scotland; and any counsel subsequently appointed to represent him may be selected from either Scotland or England and Wales;

(c) for any proceedings in Northern Ireland, the assisted person may continue to be represented for the proceedings in Northern Ireland by the solicitor who represented him in Scotland, and that solicitor shall instruct as his agent a solicitor on the panel maintained by the Incorporated Law Society of Northern Ireland of solicitors willing to act for assisted persons before the Restrictive Practices Court.

Employment Appeal Tribunal

45.—(1) In this regulation the expression “the Employment Appeal Tribunal” means the Employment Appeal Tribunal established under section 87 of the Employment Protection Act 1975 and the expression “the Registrar of the Tribunal” means the person appointed to be Registrar of the Employment Appeal Tribunal and includes any officer of the Employment Appeal Tribunal authorised to act on behalf of the Registrar.

(2) Where it appears to the Board that an application for legal aid relates to proceedings in the Employment Appeal Tribunal which are likely to be conducted in England and Wales, it shall transmit the application forthwith to the Law Society in England and Wales and shall notify the applicant and his solicitor that it has done so.

(3) Where it appears to the Board doubtful whether proceedings to which an application for legal aid relates will be conducted in Scotland or in England and Wales, it shall request the Registrar of the Tribunal to determine that question and that determination shall be binding upon the Board.

(4) Where legal aid has been made available in relation to proceedings in the Employment Appeal Tribunal and there is a change of circumstances regarding the conduct of proceedings in that, by direction of the Employment Appeal Tribunal, they will be wholly or partly conducted in England and Wales, the assisted person’s award shall remain in force and he may continue to be represented for the proceedings in England and Wales by the solicitor and counsel, if any, who represented him in Scotland; and any counsel subsequently appointed to represent him may be selected from either Scotland or England and Wales.

Convention applications

46.—(1) In this regulation “Convention application” means an application under–

(a) the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25th October 1980, as given the force of law in the United Kingdom by Part I of the Child Abduction and Custody Act 1985(2);

(b) the European Convention on Recognition and Enforcement of Decisions Con cerning Custody of Children and on the Restoration of Custody of Children which was signed at Luxembourg on 20th May 1980, as given the force of Law in the United Kingdom by Part II of the Child Abduction and Custody Act 1985.

(2) Where a person resident outside the United Kingdom applies for legal aid for the purpose of pursuing an application to the Court of Session which is certified by the Secretary of State to be a Convention application–

(a) sections 15 and 17 of the Act shall not apply and legal aid shall be made available without enquiry into the resources of the applicant and without requiring him to contribute to the Fund;

(b) section 14 of the Act shall not apply and it shall not be necessary for the applicant to show that he hasprobabilis causa litigandi or that it is reasonable for him to receive legal aid; and

(c) regulation 5 above shall not apply, but the application for legal aid shall be signed by either the applicant or his solicitor, and shall be accompanied by–

(i) a memorandum signed by the solicitor explaining the nature of the case and the interest of the applicant therein; and

(ii) a certificate of the Secretary of State that the application for legal aid relates to a Convention application.

Applications under the European Judgments Convention

47.—(1) This regulation applies where–

(a) application is made for legal aid for the purpose of applying to the Court of Session in accordance with section 4 of the Civil Jurisdiction and Judgments Act 1982(3) for the registration for enforcement of a judgment other than a maintenance order; and

(b) where application for legal aid is made by or on behalf of a person who wishes to enforce a maintenance order in Scotland —

(i) for the purpose of an application to the sheriff court in accordance with section 5 of the Civil Jurisdiction and Judgments Act 1982; or

(ii) for the purpose of any proceedings following on such an application.

(2) Where this regulation applies–

(a) sections 15 and 17 of the Act shall not apply, legal aid shall be made available without enquiry into the resources of the applicant and without requiring him to contribute to the Fund and no payment shall be due to the Fund out of any property recovered or preserved for him;

(b) regulation 5 above shall not apply, but the application for legal aid shall be signed by the applicant or his solicitor, and shall be accompanied by a memorandum signed by the solicitor explaining the nature of the application and the applicant’s interest therein.

(1)

S.I. 1976/1897.

(2)

1985 c. 60.

(3)

1982 c. 27.