The Legal Aid (Scotland) (Children) Regulations 1997

Distinct proceedings

3.—(1) In this regulation any reference to a numbered section is to a section bearing that number in the 1995 Act.

(2) For the purpose of legal aid the following shall be treated as distinct proceedings:–

(a) an application to the sheriff for a child assessment order under section 55;

(b) an application to the sheriff for a child protection order under section 57;

(c) an application to the sheriff to vary or recall a child assessment order;

(d) an application to the sheriff to vary, recall or set aside a child protection order under section 60;

(e) an application to the sheriff for a finding under section 65(7) or (9);

(f) an application to the sheriff for a review of a finding under section 85;

(g) an application to the sheriff for an exclusion order under section 76;

(h) an application to the sheriff to vary or recall an exclusion order under section 79;

(i) an appeal to the sheriff under section 51(1) against a decision of a children’s hearing to grant a warrant as mentioned in section 51(5)(a);

(j) an appeal to the sheriff under section 51(1) against a decision of a children’s hearing, other than an appeal to which sub-paragraph (i) above applies;

(k) an appeal to the sheriff principal under section 51(11)(a) (including proceedings following a remit to the sheriff under subsection (14) of that section, which proceedings shall accordingly not be treated as distinct proceedings);

(l) an appeal to the Court of Session under section 51(11)(b) (including proceedings following a remit to the sheriff under subsection (14) of that section, which proceedings shall accordingly not be treated as distinct proceedings);

(m) an appeal to the sheriff principal from a decision of the sheriff on an application for an exclusion order or for the variation or recall of an exclusion order;

(n) an appeal to the Court of Session from a decision of the sheriff or the sheriff principal on an application for an exclusion order or for the variation or recall of an exclusion order.