PART 3CHILDREN’S LEGAL AID

Distinct proceedings6

1

In this regulation any reference to a numbered section is to a section bearing that number in the 2011 Act.

2

For the purposes of children’s legal aid the following are treated as distinct proceedings—

a

an application to the sheriff to vary or terminate a child protection order under section 48;

b

subject to paragraph (3), an application to the sheriff to extend or vary an interim compulsory supervision order under section 98;

c

subject to paragraph (3), an application to the sheriff to further extend or vary an interim compulsory supervision order under section 99;

d

an application to the sheriff to establish grounds under section 101;

e

an application to the sheriff for review of a grounds determination under section 110;

f

an appeal to the sheriff against a decision of the children’s hearing under section 154;

g

an appeal to the sheriff against a relevant person determination under section 160;

h

an appeal to the sheriff against a decision relating to a contact or permanence order under section 161;

i

an appeal to the sheriff against a decision to implement a secure accommodation authorisation under section 162;

j

an appeal to the sheriff principal or the Court of Session against a determination or decision of a sheriff under section 163;

k

an appeal to the sheriff principal or the Court of Session against a decision of a sheriff in an appeal against a relevant person determination under section 164;

l

an appeal to the sheriff principal or the Court of Session against a decision of a sheriff in an appeal relating to a contact or permanence order under section 165;

m

an appeal to the Court of Session against a determination or decision of the sheriff principal under section 163;

n

an appeal to the Court of Session against a decision of the sheriff principal in an appeal against a relevant person determination under section 164;

o

an appeal to the Court of Session against a decision of the sheriff principal in an appeal relating to a contact or permanence order under section 165;

p

an application to the sheriff for review of a decision or determination imposing a duty on a local authority under section 166; and

q

an appeal to the sheriff principal against a determination of a review, or the making of an order, by a sheriff under section 167.

3

An application under paragraph (2)(b) or (c) is not to be treated as distinct proceedings where—

a

the application arises as part of other proceedings under the 2011 Act; and

b

the person, who would otherwise be required by virtue of paragraph (2) to apply for children’s legal aid, has already been granted children’s legal aid.