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.
(1)Subsection (2) applies in relation to proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the [F2Sheriff Appeal Court] or the Court of Session).
(2)Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met.
(3)The conditions are—
(a)that it is in the best interests of the child that children's legal aid be made available,
(b)that it is reasonable in the particular circumstances of the case that the child should receive children's legal aid, and
(c)that, after consideration of the disposable income and disposable capital of the child, the expenses of the case cannot be met without undue hardship to the child.
(4)Subsection (5) applies in relation to an appeal to the [F3Sheriff Appeal Court] or the Court of Session under Part 15 of the 2011 Act.
(5)Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that—
(a)the conditions in subsection (3) are met, and
(b)the child has substantial grounds for making or responding to the appeal.]
Textual Amendments
F2Words in s. 28D(1) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(2)(a) (with art. 4(2))
F3Words in s. 28D(4) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(2)(b) (with art. 4(2))