SCHEDULES
SCHEDULE 2
Part II Excepted Proceedings
1
Subject 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.
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 F2. . . .
F33
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.
F44
Subject 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)F6or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) other than proceedings in connection with an application under section 1(1) or 3(1) of that Act F7of 1987 to a Lord Ordinary or to the sheriff in an ordinary cause.
F85
Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M51987 F9or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)F10or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) from obtaining legal aid in connection with those proceedings.