Legal Aid (Scotland) Act 1986, Section 28B is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This Part applies to children's legal aid.
(2)In this Act, “children's legal aid” means representation by a solicitor and, where appropriate, by counsel in proceedings mentioned in [F2subsections (3) and (3A)], on the terms provided for in this Act, and includes all such assistance as is usually given by a solicitor or counsel in the steps preliminary to or incidental to those proceedings.
(3)The proceedings are—
(a)proceedings before the sheriff in relation to an application under section 48 of the 2011 Act (application for variation or termination of child protection order),
(b)proceedings before a children's hearing arranged by virtue of section 45 or 46 of the 2011 Act (children's hearing following making of child protection order),
[F3(c)proceedings before a children’s hearing or a pre-hearing panel if the children’s hearing or the panel considers that it might be necessary to make a compulsory supervision order in relation to the child to whom the proceedings relate that includes either (or both)—
(i)a secure accommodation authorisation,
(ii)a movement restriction condition,]
(d)proceedings before a children's hearing to which section 69(3) of the 2011 Act applies (children's hearing following arrest of child and detention in place of safety),
(e)proceedings under Part 10 or 15 of the 2011 Act.
[F4(3A)The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.]
(4)In this Part—
“compulsory supervision order” has the meaning given by section 83 of [F5the 2011 Act],
[F6“movement restriction condition” has the meaning given by section 84 of that Act,]
“pre-hearing panel” has the meaning given by section 79 of that Act,
“secure accommodation authorisation” has the meaning given by section 85 of that Act.]
Textual Amendments
F1Pts. 5A, 5B inserted (31.1.2012 for s. 28B(2), s. 28M(7) for specified purposes and s. 28N) by Children’s Hearings (Scotland) Act 2011 (asp 1), ss. 191, 206(2) (with s. 186); S.S.I. 2012/1, art. 2(1), sch.
F2Words in s. 28B(2) substituted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(2)(a), 84(2); S.S.I. 2020/74, reg. 2, sch.
F3S. 28B(3)(c) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(a)
F4S. 28B(3A) inserted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(2)(b), 84(2); S.S.I. 2020/74, reg. 2, sch.
F5Words in s. 28B(4) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(b)(i)
F6Words in s. 28B(4) inserted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(b)(ii)
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