Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1938 |
1998 No. 1938 (S.101)
LEGAL AID AND ADVICE, SCOTLAND
The Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Regulations 1998
Made 31th July 1998
Laid before Parliament 7th August 1998
Coming into force 1st October 1998
The Secretary of State, in exercise of the powers conferred on him by section 28A(1), (5) (6) and (8) and 37(1) of the Legal Aid (Scotland) Act 19861, and all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Regulations 1998 and shall come into force on 1st October 1998.
(2) In these Regulations “employed solicitor” means a solicitor employed by the Board as provided for in regulation 2 below.
Employment of solicitors by the Board
2. The Board may employ solicitors for the purpose of providing criminal legal assistance.
3. Where solicitors are employed by the Board–
(a) those solicitors are to be used in the Sheriff Court district of Edinburgh; and
(b) the Board may require as many of the persons seeking criminal legal assistance in that area as it considers appropriate to instruct the solicitors employed by it.
Consequential Provisions – Advice & Assistance
4. Where advice and assistance is given in relation to criminal matters by an employed solicitor–
(a) regulations 9, 11 and 17 to 19 of the Advice and Assistance (Scotland) Regulations 19962shall not apply;
(b) in any case where any fees and outlays in respect of advice and assistance provided by an employed solicitor are payable by the client to the Board under the provisions of section 11 of the Act or are payable out of any expenses payable to the client or any property recovered or preserved for the client under the provisions of section 12 of the Act, the client may, if he is dissatisfied with the amount of those fees and outlays, require taxation of the fees and outlays by the auditor; the auditor shall tax the fees and outlays as if they were fees...
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