Legal Aid (Scotland) Act 1986 (Version in vigour from 2021-11-08 to )

Consolidated Text

Cited authorities 14

Cited in

Currency	Unapplied
Coming into Force	08 November 2021

Contenidos

Legal Aid (Scotland) Act 1986
Part I: Scottish Legal Aid Board

The Board

1: The Scottish Legal Aid Board.
2: Powers of the Board.
3: Duties of the Board.

The Fund

4: Scottish Legal Aid Fund.
4A: Power of Board to make grants for certain purposes
5: Accounts and audit.

Part II: Advice and Assistance

6: Definitions.

7: Application of Part II.

8: Availability of advice & assistance.: Subject to any provision made in regulations under section 8A(1) or 9(1) and section 11(2) of this Act, advice and assistance to which this Part applies shall be available in Scotland for any client if—

8A: Criminal advice and assistance: automatic availability in certain circumstances

9: Regulations may apply Part II to representation.

10: Financial limit.

11: Clients' contributions: general

11A: Clients' contributions: specified criminal assistance by way of representation

12: Payment of fees or outlays otherwise than through clients’ contributions.

12A: Register of advice organisations
12B: Advice and assistance

Part III: Civil Legal Aid

13: Meaning of “civil legal aid”.

14: Availability of civil legal aid.

15: Financial conditions.

Expenses

16: Expenses in favour of certain assisted persons.
17: Contributions, and payments out of property recovered.
18: Expenses of unassisted party.
19: Expenses out of the Fund.
20: Provisions supplementary to sections 18 and 19.

Part IV: Criminal Legal Aid

21: Scope and nature of criminal legal aid.

22: Automatic availability of criminal legal aid.

23: Power of the court to grant legal aid.

23A: Legal aid in solemn proceedings

24: Legal aid in summary proceedings.

25: Legal aid in appeals.

25AA: Legal aid in respect of appeals under section 303A of the 1995 Act.

25AB: Legal aid in references, appeals or applications for special leave to appeal to the Supreme Court

Part IVA: Criminal Legal Assistance

Registration

25A: Criminal Legal Assistance Register.

Code of practice

25B: Code of practice in relation to criminal legal assistance.
25C: Supervision of registered solicitors and firms.

Removal of name from Register

25D: Removal of name from Register following failure to comply with code.
25E: Further provision as to removal of name from Register.
25F: Publication of Register.

Part V: Employment of Solicitors by the Board

26: Employment to which Part V applies.

27: Arrangements for employment to which Part V applies.

28: General provisions relating to employment to which Part V applies.

28A: Power of Board to employ solicitors to provide criminal assistance.

Part 5A: Children's legal aid

28B: Children's legal aid

28C: Circumstances where children's legal aid automatically available

28D: Availability of children's legal aid: child

28E: Availability of children's legal aid: relevant person

28F: Availability of children's legal aid: appeals relating to deemed relevant person

28G: Conditions
28H: Board to establish review procedures

28J: Board's power to require compliance with conditions
28K: Contributions to the Fund

28L: Power of Scottish Ministers to extend or restrict types of proceedings before children's hearings in which children's legal aid to be available

28LA: Power of Scottish Ministers to provide for children's legal aid to be available to other persons in relation to court proceedings

28LB: Power of Scottish Ministers to provide for children's legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2019

Part 5B: Children's legal assistance

28M: Register of solicitors and firms eligible to provide children's legal assistance

28N: Code of practice

28P: Duty to comply with code of practice

28Q: Non-compliance with code of practice

28R: Further provision as to removal of name from register

28S: Publication of register etc.

Part VI: Miscellaneous

Proceedings in relation to children

29: Legal aid in respect of certain proceedings relating to children.

Contempt of court

30: Legal aid in contempt proceedings.

Solicitors and counsel

31: Solicitors and counsel.
32: Restriction on payment and employment of solicitor or counsel.: Where legal aid is available to a person in connection with any proceedings (whether legal aid is available in connection with all or only part of the proceedings)—
33: Fees and outlays of solicitors and counsel.
33ZA: Regulations about contributions for criminal legal assistance

Contracts for the provision of criminal legal assistance

33A: Contracts for the provision of criminal legal assistance.

Contracts for the provision of children's legal assistance

33B: Contracts for the provision of children's legal assistance

Information

34: Confidentiality of information.
35: False information etc.
35A: Power of Board to require information.
35AA: Information about legal services

Power of entry

35B: Power of Board to enter premises and investigate.

Suspension of payments to solicitor

35C: Suspension of payments to solicitor.

Regulations and rules of court

36: Regulations.
37: Parliamentary procedure.
38: Rules of court.

Rights of indemnity

39: Adaptation of rights to indemnity.

General

40: Finance.
41: Interpretation.
41A: Regulations in relation to criminal legal assistance.
42: Disposable income and capital.
43: Act not to affect certain taxations etc.: Nothing in this Act shall affect the sum recoverable by virtue of—
43A: Applications of Act to services provided under Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
44: Crown application.
45: Amendments, transitional provisions, savings...

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