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Regulation 4 Special cases

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

This Regulation applies to the following cases:–

(a)

where assistance by way of representation is provided–

(i)

when a second or subsequent diet has been ordered by the court; or

(ii)

in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985f1; or

(iii)

in proceedings in a Parole Board case; or

(b)

where advice and assistance is provided and the solicitor is satisfied that–

(i)

the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court for which legal aid is available; and

(ii)

it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid; and

(iii)

it is reasonable in the circumstances of the case.

Annotations

Footnotes

f1

1985 c. 66; section 5(2)(a) of the 1985 Act was amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).