SCHEDULES

SCHEDULE 2

Part I Courts in which Civil Legal Aid is Available

1

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

  • F1the F2Supreme 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 F4Supreme Court, in appeals from the Court of Session;

  • the Court of Session;

  • the Lands Valuation Appeal Court;

  • the Scottish Land Court;

  • F22the 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;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • in the Lands Tribunal for Scotland;

  • in the Employment Appeal TribunalF6;

  • before the Proscribed Organisations Appeal Commission;

  • F7comprising an appeal to the Social Security Commissioners;

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

  • F28before the First-tier Tribunal for Scotland of the type described in paragraph 2A;

  • F26in or with respect to an appeal to the Upper Tribunal for Scotland a (including an application for permission to appeal);

  • F9before the Upper Tribunal of the type described in paragraph 3.

2

For the purposes of section 13 of this Act, proceedings in the European Court of Justice on a reference, under F21Article 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.

2AF27Proceedings before the First-tier Tribunal for Scotland

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.

3F10Proceedings for judicial review before the Upper Tribunal

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.

Part II Excepted Proceedings

1

Subject to F11section 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.

Annotations:
Amendments (Textual)
F11

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

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 F12. . . .

F133

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;

F24c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

petitions by a debtor for the sequestration of his estate under section F252(1)(a) of the Bankruptcy (Scotland) Act 2016 .

F233A

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).

3B

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.

F144

Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M21987, F15or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)F16or 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 F17of 1987 to a Lord Ordinary or to the sheriff in an ordinary cause.

F185

Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M31987 F19or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)F20or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) from obtaining legal aid in connection with those proceedings.