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Legal Aid (Scotland) Act 1986, Part I is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1SCivil legal aid shall be available in relation to civil proceedings in—
[F1the [F2Supreme Court], in references, appeals and applications for special leave to appeal under paragraphs 10, 12 [F3, 13(b), 32 and 33] of Schedule 6 to the Scotland Act 1998;]
the [F4Supreme Court], in appeals from the Court of Session;
the Court of Session;
the Lands Valuation Appeal Court;
the Scottish Land Court;
[F5the Sheriff Appeal Court;]
the sheriff court,
and in relation to proceedings—
before any person to whom a case is referred in whole or in part by a court mentioned above;
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the Lands Tribunal for Scotland;
in the Employment Appeal Tribunal[F7;
before the Proscribed Organisations Appeal Commission;]
[F8comprising an appeal to the Social Security Commissioners;
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .];
[F10before the Upper Tribunal of the type described in paragraph 3].
Textual Amendments
F1Sch. 2 Pt. 1 para. 1: entry inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), art. 3, Sch. 1 para. 11(5)
F2Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 5), ss. 40, 148(1), Sch. 9 {para. 85(4)}; S.I. 2009/1604, art. 2(d)
F3Words in Sch. 2 Pt. 1 para. 1 substituted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 73(2), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(c)
F4Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 45; S.I. 2009/1604, art. 2(d)
F5Sch. 2 Pt. 1para. 1: entry inserted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (asp 18), sch. 5 para. 14(4); S.S.I. 2015/378, art. 2, sch
F6Sch. 2 Pt. I para. 1: entry omitted (19.2.2001) by virtue of S.S.I. 2001/42, regs. 2, 3(a)
F7Sch. 2 Pt. I para. 1: entry added (19.2.2001) by S.S.I. 2001/42, regs. 2, 3(b)
F8Sch. 2 Pt. I para. 1: entries inserted (1.12.2002) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2002 (S.I. 2002/532), reg. 2
F9Sch. 2 Pt. 1 para. 1: entry omitted (9.6.2010) by virtue of The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I. 2010/239), reg. 3(2) (with reg. 2)
F10Sch. 2 Pt. 1 para. 1: entry inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I 2010/239), {reg. 3(3)}
2SFor the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under [F11Article 267 of the Treaty on the Functioning of the European Union], made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.
Textual Amendments
F11Words in Sch 2. para. 2 substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
[F123The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.]
Textual Amendments
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