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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

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The Civil Legal Aid (Scotland) Regulations 2002U.K.

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30.  In regulation 46 of the Civil Legal Aid (Scotland) Regulations 2002 M1

(a)after paragraph (1)(b) insert—

(c)application for legal aid is made in relation to proceedings in respect of which a sheriff court has jurisdiction, or an appeal in respect of which the Inner House of the Court of Session has jurisdiction, by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 by, or on behalf of, a person—

(i)who has made an application to the Scottish Ministers under Article 56 of the Maintenance Regulation; or

(ii)who, in a Member State other than the United Kingdom, benefited in connection with (as the case may be) the decision being made, the authentic instrument being established or the court settlement being approved or concluded, from either—

(aa)complete or partial legal aid or exemption from costs or expenses; or

(bb)free proceedings before an administrative authority listed in Annex X to the Maintenance Regulation.;

(b)after paragraph (2) insert—

(3) In the case of an application made in the circumstances referred to in paragraph (1)(c)(i), the Act is further modified in accordance with regulation 45(2)(a).

(4) In paragraph (1)(c), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..

Marginal Citations

M1S.S.I. 2002/494. Regulation 46 has been amended by S.S.I. 2011/161.

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