# The Legal Aid (Scotland) (Children) Regulations 1997, 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.

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Source: https://www.legislation.gov.uk/uksi/1997/690/regulation/3 (the official version)
Page: https://openlegislation.uk/legal-aid-scotland-children-regulations-1997/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.