Schedule 5 – Modifications of enactments Part 4 – Simple procedure Paragraph 23 – Legal Aid (Scotland) Act 1986
319.There is a statutory bar on civil legal aid being available for small claims proceedings as set out in paragraph 3 of Schedule 2 to the Legal Aid (Scotland) Act 1986. As a consequence of this Act, the term “small claims” will no longer be used. This section ensures that the previous position is preserved by amending the 1986 Act and substituting the reference to small claims actions with a reference to those types of simple procedure cases which would be, but for the repeal of the Sheriff Courts (Scotland) Act 1971, treated as a small claim.