The Civil Legal Aid (Scotland) Regulations 1996

Legal aid in matters of special urgency

18.—(1) The Board may make legal aid available for specially urgent work undertaken before an application is determined, if it is satisfied that at the time such work was undertaken there was probabilis causa litigandi and it appears to the Board that it is reasonable in the particular circumstances of the case that the applicant should receive legal aid, in either of the following circumstances:–

(a) where any step specified in paragraph (2) below has required to be taken as a matter of special urgency to protect the applicant’s position; or

(b) in any other circumstances where the Board is satisfied on application that steps require to be taken as a matter of special urgency to protect the applicant’s position.

(2) The steps referred to in paragraph (1)(a) above are–

(a) such steps as may be appropriate to intimate an intention to oppose proceedings;

(b) such steps as may be appropriate to state the basis upon which proceedings are opposed;

(c) such steps as may be appropriate to repone or otherwise recall a decree in absence;

(d) moving to sist further procedure or opposing the recall of a sist;

(e) moving to prorogate the time for compliance with any order or rule;

(f) moving or opposing a motion for discharge of any diet;

(g) moving for or opposing decree by default;

(h) moving for or opposing a motion for summary decree;

(i) initiating proceedings to avoid time-bar;

(j) moving for interim orders for custody or interdict or interim orders under section 11 of the 1995 Act including (where not already done) initiating or entering proceedings in which such orders may be sought;

(k) opposing interim orders of any kind;

(l) moving for or opposition to an exclusion order;

(m) moving for or opposition to an order for a power of arrest;

(n) opposing a motion for variation of an order relating to parental responsibilities or parental rights;

(o) opposing a freeing order for adoption or an application by a local authority to assume parental rights;

(p) obtaining reports on custody or access or on residence orders or contact orders within the meaning of section 11(2)(c) and (d) of the 1995 Act when the court so orders;

(q) appearing at a Child Welfare Hearing which has been fixed under rule 33.22A of the Ordinary Cause Rules 1993(1);

(r) obtaining warrant for inhibition on the dependence or arrestment on the dependence, including (where not already done) initiating proceedings containing an application for such warrant, and taking steps to have the warrant executed;

(s) initiating proceedings for suspension or suspension and interdict;

(t) initiating or opposing appellate proceedings other than such proceedings in the House of Lords;

(u) initiating such proceedings as are necessary to enable an application to be made for interim liberation in an immigration matter; and

(v) initiating an application to the Court of Session which is certified by the Secretary of State to be a Convention application as defined in regulation 46 below.

(3) Where a solicitor undertakes work under paragraphs (1)(a) and (2) above, the solicitor shall, within 28 days of commencement of the work, both notify the Board of such commencement and, if an application for legal aid has not already been submitted, submit an application for legal aid; failure so to do shall exclude that work from any legal aid that may be made available.

(4) Where the Board is satisfied in accordance with paragraph (1)(b) above that steps require to be taken as a matter of special urgency to protect the applicant’s position–

(a) the Board shall so certify and may specify that the steps to be taken shall be limited to such work, or such purposes, or such period, or be subject to such conditions, all as it shall consider appropriate in the circumstances; and

(b) the solicitor shall, if an application for legal aid has not already been submitted, submit an application for legal aid within 28 days of commencement of the urgent work; failure so to do shall exclude that work from any legal aid that may be made available.

(1)

The Ordinary Cause Rules 1993 are contained in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51); Schedule 1 was substituted by S.I. 1993/1956 and relevantly amended by S.I. 1996/2167.