Regulation 6 Distinct proceedingsI1
Scotland
In this regulation F1, except where otherwise specified, any reference to a numbered section is to a section bearing that number in the 2011 Act.
For the purposes of children’s legal aid the following are treated as distinct proceedings—
an application to the sheriff to vary or terminate a child protection order under section 48;
subject to paragraph (3), an application to the sheriff to extend or vary an interim compulsory supervision order under section 98;
subject to paragraph (3), an application to the sheriff to further extend or vary an interim compulsory supervision order under section 99;
an application to the sheriff to establish grounds under section 101;
an application to the sheriff for review of a grounds determination under section 110;
an appeal to the sheriff against a decision of the children’s hearing under section 154;
an appeal to the sheriff against a relevant person determination under section 160;
an appeal to the sheriff against a decision relating to a contact or permanence order under section 161;
an appeal to the sheriff against a decision to implement a secure accommodation authorisation under section 162;
an appeal to the F2Sheriff Appeal Court or the Court of Session against a determination or decision of a sheriff under section 163;
an appeal to the F3Sheriff Appeal Court or the Court of Session against a decision of a sheriff in an appeal against a relevant person determination under section 164;
an appeal to the F4Sheriff Appeal Court or the Court of Session against a decision of a sheriff in an appeal relating to a contact or permanence order under section 165;
an appeal to the Court of Session against a determination or decision of the F5Sheriff Appeal Court under section 163;
an appeal to the Court of Session against a decision of the F6Sheriff Appeal Court in an appeal against a relevant person determination under section 164;
an appeal to the Court of Session against a decision of the F7Sheriff Appeal Court in an appeal relating to a contact or permanence order under section 165;
an application to the sheriff for review of a decision or determination imposing a duty on a local authority under section 166; and
an appeal to the F8Sheriff Appeal Court against a determination of a review, or the making of an order, by a sheriff under section 167.
An application under paragraph (2)(b) or (c) is not to be treated as distinct proceedings where—
the application arises as part of other proceedings under the 2011 Act; and
the person, who would otherwise be required by virtue of paragraph (2) to apply for children’s legal aid, has already been granted children’s legal aid.
For the purposes of children’s legal aid each of the following (or one or more parts of them) is to be treated as a single set of proceedings—
proceedings relating to an application under section 34 of the 2019 Act for an order authorising a search in relation to a child under 12 years of age, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 36 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal,
proceedings relating to an application under section 42 of the 2019 Act for a child interview order, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 44 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal,
proceedings relating to an application under section 61 of the 2019 Act for an order authorising the taking of prints and samples from a child, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 63 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal.
Annotations
Textual amendments
- F1
Words in reg. 6(1) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 7(4)(a)
- F2
Words in reg. 6(2)(j) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(a) (with art. 4(2))
- F3
Words in reg. 6(2)(k) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(b) (with art. 4(2))
- F4
Words in reg. 6(2)(l) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(c) (with art. 4(2))
- F5
Words in reg. 6(2)(m) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(d) (with art. 4(2))
- F6
Words in reg. 6(2)(n) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(e) (with art. 4(2))
- F7
Words in reg. 6(2)(o) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(f) (with art. 4(2))
- F8
Words in reg. 6(2)(q) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 9(3)(g) (with art. 4(2))
- F9
Reg. 6(4) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 7(4)(b)
Commencement
- I1
Reg. 6 in force at 24.6.2013, see reg. 1