Act of Sederunt (Civil Legal Aid Rules) 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/492 |
1987 No. 492 (S. 46)
LEGAL AID AND ADVICE, SCOTLAND
Act of Sederunt (Civil Legal Aid Rules) 1987
Made 18th March 1987
Coming into force 1st April 1987
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 38 of the Legal Aid (Scotland) Act 19861and of all other powers enabling them in that behalf, after consultation with the Rules Council of the Court of Session and the Sheriff Court Rules Council in accordance with section 38(3) of that Act, do hereby enact and declare:
Citation, commencement and interpretation
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Civil Legal Aid Rules) 1987 and shall come into force on 1st April 1987.
(2) In this Act of Sederunt, unless the context otherwise requires–
“the Act” means the Legal Aid (Scotland) Act 1986;
“assisted person” means a person who is in receipt of civil legal aid in the cause in question;
“court” means a court or tribunal specified in paragraph 1 of Part I of Schedule 2 to the Act;
“legal aid certificate” means the document issued by the Board making civil legal aid available;
“proper officer” means the Deputy Principal Clerk of Session, the principal clerk to the Scottish Land Court, a sheriff-clerk or sheriff-clerk depute, the clerk to the Lands Tribunal for Scotland or the registrar of the Employment Appeal Tribunal, as the case may be;
“the Regulations” means the Civil Legal Aid (Scotland) Regulations 19872.
Revocations and transitional provision
2.—(1) The Acts of Sederunt set out in the Schedule to these Rules are hereby revoked.
(2) Notwithstanding the revocation of the Act of Sederunt (Legal Aid Fees) 19713, that Act of Sederunt shall continue to have effect in relation to fees for work done before 1st May 1984.
Marking of papers of assisted person and notices to be given by such persons
3.—(1) The words “Assisted Person” shall follow the name of the assisted person on every step of process in the proceedings to which he is a party.
(2) Where a litigant is an assisted person, he shall lodge–
(a)
(a) along with the summons, petition, initial writ or other principal writ by which the cause is commenced;
(b)
(b) where he is not the party initiating the cause, on receipt by him of his legal aid certificate;
(c)
(c) in the case of a cause in the Court of Session as an appellate court, before the appeal, reclaiming motion or motion for new trial is heard; or
(d)
(d) in the case of an appeal from the sheriff to the sheriff principal, before the appeal is heard,
the legal aid certificate issued to him.
(3) Where an assisted person lodges a legal aid certificate under rule 3(2)(b), (c) or (d), he shall intimate the lodging of the certificate to all other parties to the cause.
(4) Where a person who is a party to a cause becomes, during the dependence of that cause, an assisted person, he shall forthwith lodge in process the legal aid certificate issued to him and intimate the lodging of it to all other parties to that cause.
(5) Where a person, who is a party to a cause, ceases to be an assisted person or the conditions upon which he has been granted civil legal aid have been varied, he shall forthwith serve notice of his ceasing to be an assisted person or the variation (but in the case of variation of a contribution, not the amount), as the case may be, by registered or recorded delivery letter on all other parties to the cause.
Provisions as to expenses in relation to assisted persons
4.—(1) Before making an award of expenses against an assisted person, a court may, for the purpose of determining in accordance with section 18(2) of the Act the amount of such award–
(a)
(a) require the Board to lodge in process a copy of the application for civil legal aid made by that person, any information obtained by the Board and the determination of the Board so far as relating to the financial eligibility of that person for civil legal aid;
(b)
(b) require a party to the cause in whose favour an award of expenses may be made to furnish for the consideration of the court such particulars with respect to his means as the court may direct; and
(c)
(c) require from the parties to the cause such further...
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