# Legal Aid (Scotland) Act 1986, Section 28D: Availability of children's legal aid: child

Extent: E+W+S+N.I.

(1) Subsection (2) applies in relation to proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the Sheriff Appeal Court or the Court of Session).
(2) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met.
(3) The conditions are—
(a) that it is in the best interests of the child that children's legal aid be made available,
(b) that it is reasonable in the particular circumstances of the case that the child should receive children's legal aid, and
(c) that, after consideration of the disposable income and disposable capital of the child, the expenses of the case cannot be met without undue hardship to the child.
(4) Subsection (5) applies in relation to an appeal to the Sheriff Appeal Court or the Court of Session under Part 15 of the 2011 Act.
(5) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that—
(a) the conditions in subsection (3) are met, and
(b) the child has substantial grounds for making or responding to the appeal.

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Source: https://www.legislation.gov.uk/ukpga/1986/47/section/28D (the official version)
Page: https://openlegislation.uk/legal-aid-scotland-act-1986/section-28D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.