Article 2 Amendment of Act of Sederunt (Legal Aid Rules) (Children) 1987

(1)

The Act of Sederunt (Legal Aid Rules) (Children) 1987 shall be amended in accordance with the following sub-paragraphs.

(2)

In rule 1(2) (interpretation)–

(a)

omit the definition of “the Act of 1968”;

(b)

after the definition of “the Act of 1986” insert–

““the Act of 1995” means the Children (Scotland) Act 1995;” ^f1

(c)

for the definition of “child” substitute–

““child” means a child as defined in section 93(2)(b) of the Act of 1995;”; and

(d)

in the definition of “the Regulations”, for the words “1987” substitute “1997”.

(3)

For rule 3 substitute–

“Applications for legal aid in proceedings before a sheriff under Chapter 2 or 3 of Part II of the Act of 1995, other than appeals for which legal aid is available without inquiry into resources

3

(1)

An application for legal aid in connection with–

(a)

an application to the sheriff under Chapter 3 of Part II of the Act of 1995; or

(b)

an appeal to the sheriff under section 51 of the Act of 1995, other than an appeal specified in section 29(2)(b)(i) of the Act of 1986 ^f2

shall be made by lodging an application in writing with the sheriff clerk.

(2)

An application lodged under paragraph (1) shall be brought as soon as possible before the sheriff in chambers for determination in accordance with section 29(4) of the Act of 1986 and regulation 7 of the Regulations.”.

Annotations

Footnotes

f1: 1995 c. 36.
f2: Section 29 was substituted by section 92 of the Act of 1995.
f3: S.I. 1987/427.