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Legal Aid (Scotland) Act 1986
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Legal Aid (Scotland) Act 1986, Part II is up to date with all changes known to be in force on or before 13 November 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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Part IIS Excepted Proceedings
1Subject to paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.
2The making of a counterclaim for defamation or verbal injury in any proceedings shall not of itself affect the availability of legal aid to the other party, and legal aid may be granted for the purposes of defending such a counterclaim.
[F13SCivil legal aid shall not be available in relation to —
(a)election petitions under the Representation of the People Act 1983 M1;
(b)simplified divorce applications under the Rules of Procedure of the Court of Session or the sheriff court;
(c)small claims processes at first instance under section 35(2) of the Sheriff Courts (Scotland) Act 1971 M2 summary causes); and
(d)petitions by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 M3.]
Textual Amendments
F1Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2
Marginal Citations
M21971 c. 58; section 35(2) was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).
M3Section 5(2)(a) amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).
[F24Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M41987, [F3or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)] other than proceedings in connection with an application under section 1(1) or 3(1) of that Act [F4of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]
Textual Amendments
F2Sch. 2 Pt. II paras. 4, 5 added by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 98, 108(2), Sch. 1 para. 5
F3Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)
F4Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(ii)
Marginal Citations
5Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M51987 from obtaining legal aid in connection with those proceedings.
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