Regulation 18 Legal aid in matters of special urgency

where any step specified in paragraph (2) below has required to be taken as a matter of special urgency to protect the applicant’s position; or

in any other circumstances where—

such steps as may be appropriate to intimate an intention to oppose proceedings;

such steps as may be appropriate to state the basis upon which proceedings are opposed;

such steps as may be appropriate to repone or otherwise recall a decree in absence;

moving to sist further procedure or opposing the recall of a sist;

moving to prorogate the time for compliance with any order or rule;

moving or opposing a motion for discharge of any diet;

moving for or opposing decree by default;

moving for or opposing a motion for summary decree;

initiating proceedings to avoid time-bar;

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opposing interim orders of any kind;

moving for or opposing an exclusion order;

moving for or opposing an order for a power of arrest;

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opposing F4... an application by a local authority for a F5permanence order under section 80 of the Adoption and Children (Scotland) Act 2007;

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appearing at a Child Welfare Hearing which has been fixed under rule 33.22A of the Ordinary Cause Rules 1993 M1;

obtaining warrant for inhibition on the dependence or arrestment on the dependence, including (where not already done) initiating proceedings containing an application for such warrant, and taking steps to have the warrant executed;

initiating proceedings for suspension or suspension and interdict;

initiating or opposing appellate proceedings other than such proceedings in the F7Supreme Court;

initiating such proceedings as are necessary to enable an application to be made for interim liberation in an immigration matter; and

initiating an application to the Court of Session which is certified by the Scottish Ministers to be a Convention application as defined in regulation 45 below;

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at the time the Board receives an application under paragraph (1)(b)—

the Board has given the applicant an opportunity to show that there is a realistic prospect that legal aid will be granted following an application for review or a further application; and

the Board is not satisfied that the applicant has so shown.

the Board, on receipt of an application under paragraph (1)(b), has called on the applicant to provide the Board with sufficient information to enable the Board to determine whether prima facie the conditions mentioned in section 14(1) of the Act are met;

the Board is satisfied either—

the Board is not satisfied that prima facie the conditions mentioned in section 14(1) of the Act are met.

the Board shall so certify and may specify that the steps to be taken shall be limited to such work, or such purposes, or such period, or be subject to such conditions, all as it shall consider appropriate in the circumstances; and

the solicitor shall, if an application for legal aid has not already been submitted, submit an application for legal aid within 28 days of commencement of the urgent work and failure to do so shall exclude that work from any legal aid that may be made available.

Section 17 (contributions and payments out of property recovered) of the Act shall be modified so that –

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regulations 21 (prior approval of the Board required for employment of counsel etc.), 39 (recovery of expenses) and 40 (recovery of payments out of property recovered or preserved) below shall be modified so that a person in receipt of legal aid for the purposes of those regulations includes a person for whom such work is carried out.

section 4(2)(a) of the Act shall be modified so that there shall be paid out of the Fund–

section 4(3)(b) of the Act shall be modified so that there shall be paid into the Fund any sum recovered under an award of a court or an agreement as to expenses in any proceedings in favour of the person for whom that work is carried out.

the solicitor had reasonable grounds for believing, on the information available at the time the work was done, that the applicant would be eligible for legal aid in terms of section 15 of the Act; and

the work was actually, necessarily and reasonably done, due regard being had to economy.