SCHEDULES

SCHEDULE 2 S

Part II S Excepted Proceedings

1 Subject to paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.

2 The 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.

[F1 3 S Civil 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

F1 Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2

Marginal Citations

M1 1983 c. 2

M2 1971 c. 58; section 35(2) was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

M3 Section 5(2)(a) amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).

[F2 4 Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M4 1987, [F3 or 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 [F4 of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]

Textual Amendments

F2 Sch. 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

F3 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)

F4 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(ii)

Marginal Citations

M4 1987 c.18 (45:2).

5 Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M5 1987 [F5 or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)] from obtaining legal aid in connection with those proceedings.

Textual Amendments

F5 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(b)

Marginal Citations

M5 1987 c.18 (45:2).