Under regulation 6 of the Children’s Legal Assistance (Scotland) Regulations 2013,  if a particular case involves one or more of the following, you must make a separate application for legal aid in each such situation:

  • An application to the sheriff to vary or terminate a child protection order (CPO) in terms of section 48 of the Children’s Hearings (Scotland) Act 2011.
  • An application to the sheriff to extend or vary an interim compulsory supervision order in terms of section 98 of the 2011 Act.
  • An application to the sheriff to further extend or vary an interim compulsory supervision order in terms of section 99 of the 2011 Act.
  • An application to the sheriff to establish grounds in terms of section 101 of the 2011 Act.
  • An application to the sheriff for review of a grounds determination in terms of section 110 of the 2011 Act.
  • An appeal to the sheriff against a decision of the children’s hearing in terms of section 154 of the 2011 Act.
  • An appeal to the sheriff against a relevant person determination in terms of section 160 of the 2011 Act.
  • An appeal to the sheriff against a decision relating to a contact or permanence order in terms of section 161 of the 2011 Act.
  • An appeal to the sheriff against a decision to implement a secure accommodation authorisation in terms of section 162 of the 2011 Act.
  • An appeal to the Sheriff Appeal Court or the Court of Session against a determination or decision of a sheriff in terms of section 163 of the 2011 Act.
  • An appeal to the Sheriff Appeal Court  or the Court of Session against a decision of a sheriff in an appeal against a relevant person determination in terms of section 164 of the 2011 Act.
  • An appeal to the Sheriff Appeal Court or the Court of Session against a decision of a sheriff in an appeal relating to a contact or permanence order in terms of section 165 of the 2011 Act.
  • An appeal to the Court of Session against a determination or decision of the Sheriff Appeal Court in terms of section 163 of the 2011 Act.
  • An appeal to the Court of Session against a decision of the Sheriff Appeal Court in an appeal against a relevant person determination in terms of section 164 of the 2011 Act.
  • An appeal to the Court of Session against a decision of the Sheriff Appeal Court in an appeal relating to a contact or permanence order in terms of section 165 of the 2011 Act.
  • An application to the sheriff for review of a decision or determination imposing a duty on a local authority in terms of section 166 of the 2011 Act.
  • An appeal to the Sheriff Appeal Court against a determination of a review, or the making of an order, by a sheriff in terms of section 167 of the 2011 Act.

Note – where the actual regulations referred to above state ‘sheriff principal’ this is now read as being the Sheriff Appeal Court.

However, there is an exception to the above found in regulation 6(3):

  • An application to the sheriff to extend or vary or further extend or vary an interim compulsory supervision order in terms of sections 98 and 99 of the 2011 Act is not to be treated as a distinct proceeding where your client has already been granted legal aid for another of the proceedings (above) and this has not concluded.

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