1SSubject to [F1section 14(1C) and] paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.
Textual Amendments
F1Words in Sch. 2 Pt. II para. 1 inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007, {arts. 71(3)(a)}, 82(2) (with s. 77); S.S.I. 2007/57, art. 2(b)
2SThe 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 F2. . . .
Textual Amendments
F2Words in Sch. 2 Pt. II para. 2 repealed (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 71(3)(b), 82(2) (with s. 77); S.I. 2007/57, art. 2(b)
[F33SCivil 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
F3Sch. 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).
[F44Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M41987, [F5or 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 [F6of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]
Textual Amendments
F4Sch. 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
F5Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)
F6Words 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 [F7or 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
F7Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(b)
Marginal Citations