The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

Civil proceedings where there is a risk of imprisonment

12.  The assistance by way of representation described in regulation 3(j) shall be provided under Part II of the Act only where the solicitor to whom application has been made is satisfied that–

(a)it is reasonable in the particular circumstances of the case that assistance by way of representation be made available; and

(b)it is likely that the court will deprive the applicant of his or her liberty.