# The Civil Legal Aid (Scotland) Regulations 2002, Regulation 4: Distinct proceedings for purposes of legal aid


(1) For the purposes of legal aid the following proceedings shall, subject to paragraph (2) below, be treated as distinct proceedings:–
(a) proceedings in the sheriff court insofar as they are proceedings in a court of first instance;
(b) proceedings before the Sheriff Appeal Court on appeal from the sheriff;
(c) 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;
(d) proceedings in the Court of Session, insofar as they are proceedings in an appellate court;
(e) proceedings in the Supreme Court—
(i) on appeal from the Court of Session; or
(ii) by way of application for permission to appeal in terms of paragraph 13 of Schedule 6 to the Scotland Act 1998;
(f) proceedings in the Lands Valuation Appeal Court;
(g) proceedings in the Scottish Land Court;
(h) proceedings before the Lands Tribunal for Scotland;
(i) proceedings before the Employment Appeal Tribunal;
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) proceedings before the Social Security Commissioners ...;
(l) proceedings before the Proscribed Organisations Appeals Commission;
(m) proceedings on appeal to the Upper Tribunal for Scotland;
(n) proceedings before the First-tier Tribunal for Scotland.
(2) Where proceedings are—
(a) initiated in the sheriff court and remitted to the Court of Session;
(b) initiated in the Court of Session and remitted to the sheriff court;
(c) initiated in the sheriff court and remitted to the Scottish Land Court; or
(d) initiated in the Sheriff Appeal Court and remitted to the Court of Session,
the proceedings in the court to which the case is remitted are not to 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.

---
Source: https://www.legislation.gov.uk/ssi/2002/494/regulation/4 (the official version)
Page: https://openlegislation.uk/civil-legal-aid-scotland-regulations-2002/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.