Act of Sederunt (Legal Aid Rules) 1958

JurisdictionUK Non-devolved
CitationSI 1958/1872

1958 No. 1872 (S. 97)

PROCEDURE

Act of Sederunt (Legal Aid Rules) 1958

28thOctober 1958

1stJanuary 1959

The Lords of Council and Session, under and by virtue of the powers conferred on them by the Legal Aid (Scotland) Act, 1949(a), and of all other powers competent to them in that behalf, do hereby enact and declare as follows:—

Title, Commencement and Interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Legal Aid Rules) 1958, and shall come into operation on the first day of January 1959.

(2) In this Act of Sederunt the following expressions shall, unless the context otherwise requires, have the meanings hereby respectively assigned to them:—

"the Act" means the Legal Aid (Scotland) Act, 1949;

"assisted person" means a person to whom there has been issued, and in respect of whom there is in force, a legal aid certificate or an emergency certificate;

"emergency certificate" means a certificate issued in accordance with the Regulations;

"legal aid certificate" means a legal aid certificate issued in accordance with the Scheme for the time being in force under Section 8 of the Act;

"the Regulations" means the Legal Aid (Scotland) Regulations, 1950(b), and any Regulations amending those Regulations(c).

(3) The Interpretation Act, 1889(d), shall apply to the interpretation of this Act of Sederunt as it applies to the interpretation of an Act of Parliament.

Proceedings for purposes of legal aid

2.—(1) For the purposes of legal aid the following proceedings shall, subject to paragraph (2) of this Rule, be treated as distinct proceedings—

(a) proceedings in the sheriff court whether before the sheriff or the sheriff-substitute, in so far as they are proceedings in a court of first instance;

(b) proceedings in the sheriff court before the sheriff on appeal from the sheriff-substitute;

(c) proceedings in the Court of Session, whether in the Inner House or before a Lord Ordinary, in so far as they are proceedings in a court of first instance;

(d) proceedings in the Court of Session in so far as they are proceedings in an appellate court and including proceedings by way of motion for a new trial.

(a) 12, 13 & 14 Geo. 6. c. 63, Pt. I.

(b) S.I. 1950/1513, 1514 (1950 I, pp. 1236, 1227).

(c) See S.I. 1954/682 (1954 I, p. 1135).

(d) 52 & 53 Vict. c. 63.

(2) Where proceedings are initiated in the sheriff court and are thereafter remitted to the Court of Session under section 5 or section 30 of the Sheriff Courts (Scotland) Act, 1907(a), or under any other enactment authorising or requiring proceedings to be remitted to the Court of Session the ensuing proceedings in that Court (other than any subsequent proceedings by way of appeal) shall not be treated for the purposes of legal aid as proceedings distinct from the initial proceedings in the sheriff court but shall be treated as forming part of those proceedings.

Marking of papers of assisted person and notices to be given by such person

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, along with the summons, petition, initial writ or other principal writ by which the proceedings are commenced, or, if he is not the party initiating the proceedings, along with his defences or other document first lodged by him on becoming a party to the proceedings, or, in the case of proceedings in the Court of Session...

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