Legal Aid (Scotland) Act 1986

SCHEDULE 2 S

Part I S Courts in which Civil Legal Aid is Available

1 S Civil legal aid shall be available in relation to civil proceedings in—

• [F1 the [F2 Supreme Court], in references, appeals and applications for special leave to appeal under paragraphs 10, 12 [F3 , 13(b), 32 and 33] of Schedule 6 to the Scotland Act 1998;]

• the [F4 Supreme Court], in appeals from the Court of Session;

• the Court of Session;

• the Lands Valuation Appeal Court;

• the Scottish Land Court;

• [F5 the Sheriff Appeal Court;]

• the sheriff court,

and in relation to proceedings—

• before any person to whom a case is referred in whole or in part by a court mentioned above;

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• in the Lands Tribunal for Scotland;

• in the Employment Appeal Tribunal[F7 ;

• before the Proscribed Organisations Appeal Commission;]

• [F8 comprising an appeal to the Social Security Commissioners;

• F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .];

• [F10 before the First-tier Tribunal for Scotland of the type described in paragraph 2A;]

• [F11 in or with respect to an appeal to the Upper Tribunal for Scotland a (including an application for permission to appeal);]

• [F12 before the Upper Tribunal of the type described in paragraph 3].

Textual Amendments

F1 Sch. 2 Pt. 1 para. 1: entry inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), art. 3, Sch. 1 para. 11(5)

F2 Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 5), ss. 40, 148(1), Sch. 9 {para. 85(4)}; S.I. 2009/1604, art. 2(d)

F3 Words in Sch. 2 Pt. 1 para. 1 substituted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 73(2), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(c)

F4 Words in Sch. 2 Pt. 1 para. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 45; S.I. 2009/1604, art. 2(d)

F5 Sch. 2 Pt. 1para. 1: entry inserted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (asp 18), sch. 5 para. 14(4); S.S.I. 2015/378, art. 2, sch

F6 Sch. 2 Pt. I para. 1: entry omitted (19.2.2001) by virtue of S.S.I. 2001/42, regs. 2, 3(a)

F7 Sch. 2 Pt. I para. 1: entry added (19.2.2001) by S.S.I. 2001/42, regs. 2, 3(b)

F8 Sch. 2 Pt. I para. 1: entries inserted (1.12.2002) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2002 (S.I. 2002/532), reg. 2

F9 Sch. 2 Pt. 1 para. 1: entry omitted (9.6.2010) by virtue of The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I. 2010/239), reg. 3(2) (with reg. 2)

F10 Sch. 2 Pt. 1 para. 1: entry inserted (1.12.2017) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 (S.S.I. 2017/397), regs. 1, 3(2)

F11 Sch. 2 Pt. 1 para. 1: entry inserted (1.12.2016) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2016 (S.S.I. 2016/356), reg. 2

F12 Sch. 2 Pt. 1 para. 1: entry inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I 2010/239), {reg. 3(3)}

2 S For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under [F13 Article 267 of the Treaty on the Functioning of the European Union], made by a court mentioned in paragraph 1 above are part of the proceedings in the court making the reference.

Textual Amendments

F13 Words in Sch 2. para. 2 substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

Proceedings before the First-tier Tribunal for Scotland S

[F14 2A. The proceedings before the First-tier Tribunal for Scotland mentioned in paragraph 1 are—

(a) those transferred to it by section 16(1) of the Housing (Scotland) Act 2014, in relation to the following enactments—

(i) the Rent (Scotland) Act 1984;

(ii) the Housing (Scotland) Act 1988;

(iii) the Housing (Scotland) Act 2006;

(b) those in relation to the Private Housing (Tenancies) (Scotland) Act 2016.]

Textual Amendments

F14 Sch. 2 Pt. 1 para. 2A inserted (1.12.2017) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 (S.S.I. 2017/397), regs. 1, 3(3)

Proceedings for judicial review before the Upper Tribunal S

[F15 3 The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.]

Textual Amendments

F15 Sch. 2 Pt. 1 para. 3 inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 (S.S.I. 2010/239), reg. 3(4)

Part II S Excepted Proceedings

1 S Subject to [F16 section 14(1C) and] paragraph 2 below, civil legal aid shall not be available in proceedings which are wholly or partly concerned with defamation or verbal injury.

Textual Amendments

F16 Words in Sch. 2 Pt. II para. 1 inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007, {arts. 71(3)(a)}, 82(2) (with s. 77); S.S.I. 2007/57, art. 2(b)

2 S The making of a counterclaim for defamation or verbal injury in any proceedings shall not of itself affect the availability of legal aid to the other party F17 . . . .

Textual Amendments

F17 Words in Sch. 2 Pt. II para. 2 repealed (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 71(3)(b), 82(2) (with s. 77); S.I. 2007/57, art. 2(b)

[F18 3 S Civil legal aid shall not be available in relation to —

(a) election petitions under the Representation of the People Act 1983 M1 ;

(b) simplified divorce applications under the Rules of Procedure of the Court of Session or the sheriff court;

F19 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) petitions by a debtor for the sequestration of his estate under section [F20 2(1)(a) of the Bankruptcy (Scotland) Act 2016] .]

Textual Amendments

F18 Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2

F19 Sch. 2 Pt. II para. 3(c) repealed (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(2); S.S.I. 2016/291, art. 2, 3(1)(3), sch.

F20 Sch. 2 Pt. II para. 3(d) words substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s.237(2), sch. 8 para 10; S.S.I. 2016/294, reg. 2.

Marginal Citations

M1 1983 c. 2

[F21 3A S Civil legal aid shall not be available in relation to the following categories of simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014) at first instance, namely—

(a) proceedings for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses), other than—

(i) proceedings in respect of aliment or interim aliment, and

(ii) actions for personal injury,

(b) actions ad factum praestandum and proceedings for the recovery of possession of moveable property in which (in either case) there is included, as an alternative to the claim, a claim for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses).

Textual Amendments

F21 Sch. 2 Pt. II paras. 3A, 3B inserted (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(3); S.S.I. 2016/291, art. 2, sch. (with art. 3(1)(3))

3B S In paragraph 3A—

(a) “actions for personal injury” means actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies, and

(b) “actions ad factum praestandum” includes actions for delivery and actions for implement but does not include actions for count, reckoning and payment.]

Textual Amendments

F21 Sch. 2 Pt. II paras. 3A, 3B inserted (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(3); S.S.I. 2016/291, art. 2, sch. (with art. 3(1)(3))

[F22 4 S Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M2 1987, [F23 or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F24 or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] other than proceedings in connection with an application under section 1(1) or 3(1) of that Act [F25 of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]

Textual Amendments

F22 Sch. 2 Pt. II paras. 4, 5 added by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 98, 108(2), Sch. 1 para. 5

F23 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)

F24 Words in Sch. 2 Pt. 2 para. 4 inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 5 para. 15(a) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1 (with art. 4)

F25 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(ii)

Marginal Citations

M2 1987 c.18 (45:2).

F26 [5 S Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M3 1987 [F27 or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F28 or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] from obtaining legal aid in connection with those proceedings.]

Textual Amendments

F26 Sch. 2 Pt. II paras. 4, 5 added by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), ss. 98, 108(2), Sch. 1 para. 5

F27 Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(b)

F28 Words in Sch. 2 Pt. 2 para. 5 inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 5 para. 15(b) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1 (with art. 4)

Marginal Citations

M3 1987 c.18 (45:2).