| Jurisdiction | Scotland |
| Citation | SSI 2002/494 |
| Year | 2002 |
These Regulations may be cited as the Civil Legal Aid (Scotland) Regulations 2002 and shall come into force on 1st December 2002.(1) In these Regulations–a senior solicitor-advocate, where undertaking work equivalent to that which would be done by a senior counsel in a case in the House of Lords or the Judicial Committee of the Privy Council, or where the Board has authorised the employment of senior counsel under regulation 21(1) (b) or (2) below; ora junior solicitor-advocate, where undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.(1) Subject to paragraphs (2) and (3) below, the Regulations specified in Schedule 1 to these Regulations are hereby revoked.a transitional provision relating to the coming into force of, oran application provision which restricts the application of,(3) Where a period of time specified in any provision, which is revoked by these Regulations, is current at the date of coming into force of these Regulations, these Regulations have effect as if the provision which re-enacts that revoked provision in these Regulations had been in force when that period began to run.proceedings in the sheriff court insofar as they are proceedings in a court of first instance;proceedings before the sheriff principal on appeal from the sheriff;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;proceedings in the Court of Session, insofar as they are proceedings in an appellate court;proceedings in the House of Lords on appeal from the Court of Session;proceedings in the Lands Valuation Appeal Court;proceedings in the Scottish Land Court;proceedings before the Lands Tribunal for Scotland;proceedings before the Employment Appeal Tribunal;proceedings in the Judicial Committee of the Privy Council on appeal from the Court of Session under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998 proceedings before the Social Security Commissioners and the Child Support Commissioners;proceedings before the Proscribed Organisations Appeals Commission.(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.the applicant;where the applicant on cause shown cannot sign the application, by a person authorised by the applicant; orwhere the applicant is mentally disordered in terms of section 1(2) of the Mental Health (Scotland) Act 1984 accompanied by a statement, signed by the applicant, or, where the applicant in terms of the above sub-paragraph either cannot sign the application or is mentally disordered or incapable, by an authorised person or by the applicant’s legal representative, and by or on behalf of the solicitor acting for the applicant, as to the nature of the case and the interest of the applicant therein;accompanied, so far as possible, by such precognitions and other documents as may be requisite to enable the Board to determine the application; andaccompanied by a copy for each opponent of the statement referred to in sub-paragraph (b) above together with such form of intimation as the Board may require in relation to each opponent and either the
