The courts in which civil legal aid is available are:

  • The sheriff court
  • The Court of Session
  • The Supreme Court
  • The Lands Valuation Appeal Court
  • The Scottish Land Court and
  • The Sheriff Appeal Court

Legal aid is also available:

  • in relation to proceedings before any person to whom a case is referred in whole or in part by one of these courts
  • in proceedings in the Lands Tribunal for Scotland and the Employment Appeal Tribunal
  • in proceedings before the Proscribed Organisations Appeal Commission, set up under the Terrorism Act 2000, to any person affected by the refusal of the Secretary of State to remove an organisation from the list of proscribed organisations.
  • in an appeal to the Upper Tribunal for Scotland and petitions for judicial review remitted to the Upper Tribunal for Scotland from the Court of Session
  • in an appeal to the Social Security Commissioners (only in relation to proceedings for which civil legal aid or ABWOR was made available on or after 9 June 2010) before the Upper Tribunal where the proceedings arise from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.

If one of these courts makes a reference to the European Court of Justice under Article 234 of the EEC Treaty, proceedings in the European Court of Justice are part of the proceedings in the court making the reference. Any grant of legal aid for proceedings in a “domestic” court would, therefore, cover the proceedings in the European Court in connection with the reference.

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