1SSubject to [F1section 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
F1Words 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)
2SThe 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 F2. . . .
Textual Amendments
F2Words 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 II para. 2 repealed (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 71(3)(b), 82(2) (with s. 77); S.I. 2007/57, art. 2(b)
[F33SCivil 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;
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)petitions by a debtor for the sequestration of his estate under section [F52(1)(a) of the Bankruptcy (Scotland) Act 2016] .]
Textual Amendments
F3Sch. 2 Pt. II para. 3 substituted (1.4.1993) by S.I. 1993/969, reg. 2
F4Sch. 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 II para. 3(c) repealed (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(2); S.S.I. 2016/291, art. 2, 3(1)(3), sch.
F5Sch. 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
[F63ASCivil 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
F6Sch. 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))
3BSIn 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
F6Sch. 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))
[F74SSubject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act M21987, [F8or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F9or 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 [F10of 1987] to a Lord Ordinary or to the sheriff in an ordinary cause.]
Textual Amendments
F7Sch. 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
F8Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(i)
F9Words 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)
F10Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(a)(ii)
Marginal Citations
F11[5SNothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act M31987 [F12or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)][F13or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)] from obtaining legal aid in connection with those proceedings.]
Textual Amendments
F11Sch. 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
F12Words inserted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 44(b)
F13Words 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