13 Meaning of “civil legal aid”.S
(1)This Part of this Act applies to civil legal aid.
(2)In this Act, “civil legal aid” means representation by a solicitor and [F1,where appropriate,] by counsel in any proceedings mentioned in Part I of Schedule 2 to this Act, on the terms provided for in this Act, and includes all such assistance as is usually given by solicitor or counsel in the steps preliminary to or incidental to proceedings, or in arriving at or giving effect to a settlement to prevent them or bring them to an end.
(3)Subject to sections 14 and 15 of this Act and to regulations made under this section, civil legal aid shall be available in connection with any proceedings mentioned in subsection (2) above, except insofar as Part II of Schedule 2 to this Act otherwise provides.
(4)Schedule 2 to this Act may be varied by regulations made under this section, so as to extend or restrict the categories of proceedings in which civil legal aid is available, by reference to the court or tribunal, to the issues involved, to the capacity in which the person seeking civil legal aid is concerned, or otherwise.
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(6)In subsection (4) above, the reference to a court or tribunal includes a reference to a court or tribunal which is established by law for purposes which are or include those of determining persons’ civil rights and obligations and to any person who or group of persons, body, statutory inquiry or other procedure which (however described) is appointed or established by law for such purposes.]
Textual Amendments
F1Words in s. 13(2) substituted (30.9.1991) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1)(2), Sch. 8 para. 36(3), Sch. 9; S.I. 1991/2151, art. 3 Sch.
F2S. 13(5) repealed (6.7.2001) by 2001 asp 7, ss. 6(2)(a), 15(3)
F3S. 13(6) inserted (6.7.2001) by 2001 asp 7, ss. 6(2)(b), 15(3)