(1)Subject to section 15 of this Act and to subsection (2) below, civil legal aid shall be available to a person if, on an application made to the Board—
(a)the Board is satisfied that he has aprobabilis causa litigandi; and
(b)it appears to the Board that it is reasonable in the particular circumstances of the case that he should receive legal aid.
[F1(1A)In the case of proceedings in such courts or tribunals as may be specified in regulations under this Act, civil legal aid shall be available to a person only if, in addition to the requirements which have to be met under subsection (1) above and section 15 of this Act, such criteria as may be prescribed in those regulations are met.
(1B)In subsection (1A) above, the reference to courts or tribunals shall be construed in accordance with section 13(6) of this Act.]
(2)The Board may require a person receiving civil legal aid to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for him to continue to receive civil legal aid.
(3)[F2Subject to subsections (4) to (6) below,]the Board shall establish a procedure under which any person whose application for legal aid under this section has been refused may apply to the Board for a review of his application.
[F3(4)Where—
(a)the Board has refused an application for civil legal aid by a person who has applied for such aid for the purpose of raising an action against the Board; and
(b)the applicant has applied to the Board for a review of his application,
the Board shall, unless they decide to grant the application forthwith, refer the application, together with all relevant precognitions, statements and other papers, including any observations they wish to make on the application, to the sheriff for Lothian and Borders at Edinburgh.
(5)Subject to section 15 of this Act, and to subsection (2) above, where the sheriff decides—
(a)that the applicant has aprobabilis causa litigandi; and
(b)that it is reasonable in the particular circumstances of the case that he should receive legal aid,
he shall so inform the Board, and the Board shall make civil legal aid available to the applicant.
(6)A decision made by the sheriff under subsection (5) above shall be final.]
Textual Amendments
F1S. 14(1A)(1B) inserted (6.7.2001) by 2001 asp 7, ss. 6(3), 15(3)
F2Words in s. 14(3) inserted (30.9.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 36(4): S.I. 1991/2151, art. 3, Sch
F3S. 14(4)–(6) inserted (30.9.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 36(5); S.I. 1991/2151, art. 3, Sch.
Modifications etc. (not altering text)
C1S. 14 modified (1.12.2002) by The Civil Legal Aid (Scotland) Regulations 2002 (S.S.I 2002/494), {reg. 45}
C2S. 14 excluded by S.I. 1987/381, reg. 46(2)(b)