Regulation 3 Distinct proceedings

(1)

In this regulation any reference to a numbered section is to a section bearing that number in the 1995 Act.

(2)

For the purpose of legal aid the following shall be treated as distinct proceedings:–

(a)

an application to the sheriff for a child assessment order under section 55;

(b)

an application to the sheriff for a child protection order under section 57;

(c)

an application to the sheriff to vary or recall a child assessment order;

(d)

an application to the sheriff to vary, recall or set aside a child protection order under section 60;

(e)

an application to the sheriff for a finding under section 65(7) or (9);

(f)

an application to the sheriff for a review of a finding under section 85;

(g)

an application to the sheriff for an exclusion order under section 76;

(h)

an application to the sheriff to vary or recall an exclusion order under section 79;

(i)

an appeal to the sheriff under section 51(1) against a decision of a children’s hearing to grant a warrant as mentioned in section 51(5)(a);

(j)

an appeal to the sheriff under section 51(1) against a decision of a children’s hearing, other than an appeal to which sub-paragraph (i) above applies;

(k)

an appeal to the sheriff principal under section 51(11)(a) (including proceedings following a remit to the sheriff under subsection (14) of that section, which proceedings shall accordingly not be treated as distinct proceedings);

(l)

an appeal to the Court of Session under section 51(11)(b) (including proceedings following a remit to the sheriff under subsection (14) of that section, which proceedings shall accordingly not be treated as distinct proceedings);

(m)

an appeal to the sheriff principal from a decision of the sheriff on an application for an exclusion order or for the variation or recall of an exclusion order;

(n)

an appeal to the Court of Session from a decision of the sheriff or the sheriff principal on an application for an exclusion order or for the variation or recall of an exclusion order.