The Civil Legal Aid (Scotland) Regulations 1996

Distinct proceedings for purposes of legal aid

4.—(1) For the purposes of legal aid the following proceedings shall, subject to paragraph (2) below, be treated as distinct proceedings–

(a) proceedings in the sheriff court insofar as they are proceedings in a court of first instance;

(b) proceedings before the sheriff principal on appeal from the sheriff;

(c) proceedings in the Court of Session, whether in the Inner House or before a Lord Ordinary, insofar as they are proceedings in a court of first instance;

(d) proceedings in the Court of Session, insofar as they are proceedings in an appellate court;

(e) proceedings in the House of Lords on appeal from the Court of Session;

(f) proceedings in the Lands Valuation Appeal Court;

(g) proceedings in the Scottish Land Court;

(h) proceedings before the Lands Tribunal for Scotland;

(i) proceedings before the Employment Appeal Tribunal;

(j) proceedings in the Restrictive Practices Court under Part III of the Fair Trading Act 1973(1) and any proceedings in that court in consequence of an offer made, or undertaking given to the court, under that Part of that Act.

(2) Where proceedings are initiated in the sheriff court and are thereafter remitted to the Court of Session or are initiated in the Court of Session and remitted to the sheriff court, the proceedings in the court to which the case is remitted shall not be treated as distinct from the proceedings in the initial court.

(3) Where in any of the distinct proceedings specified in paragraph (1) above, any decree or order has been granted in favour of the assisted person, those proceedings shall be treated as including any step, other than the taking of proceedings for civil imprisonment or for sequestration or the raising of an action of furthcoming following arrestment, in the execution of diligence following such decree or order.

(1)

1973 c. 41.