The Civil Legal Aid (Scotland) Amendment (No.3) Regulations 1988

• Citation: S.I. 1988/1891
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No.3) Regulations 1988 and shall come into force on 30th November 1988.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Civil Legal Aid (Scotland) Regulations 1987( ).

Section 3 Legal aid in specified proceedings or matters of special urgency

In Regulation 18 of the principal Regulations—

(a) for paragraph (1) there shall be substituted the following:—

(1) The Board may make legal aid available for urgent or specially urgent work undertaken before an application is determined, if it is satisfied that at the time such work was undertaken there was probabilis causa litigandi and it appears to the Board that it is reasonable in the particular circumstances of the case that the applicant should receive legal aid, in either of the following circumstances—

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

(b) in any other circumstances where the Board is satisfied on application that special urgency exists.

(b) in paragraph (2), after sub-paragraph (o), the following sub-paragraphs shall be inserted:—

(p) moving for or opposition to an exclusion order;

(q) moving for or opposition to an order for a power of arrest; and

(r) opposing a motion to vary a divorce decree quoadcustody.

(c) in paragraph (3) for the words “14 days” there shall be substituted “28 days of commencement of said urgent work” .

Section 4 Payments out of property recovered or preserved

After regulation 32(b) of the principal Regulations there shall be inserted the following:—

(c) in respect of any articles referred to in section 16 of the Debtors (Scotland) Act 1987( ) recovered or preserved from the effects of a grant of warrant sale of poinded goods, or any article released in terms of an order made by the sheriff following application made to him in terms of section 23 of said Act.