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Revised Statute from The UK Statute Law Database

Legal Aid (Scotland) Act 1986 (c. 47)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Legal Aid (Scotland) Act 1986

1986 CHAPTER 47

Contents

Go to Preamble

  1. Part I

    Scottish Legal Aid Board

    1. The Board

      1. 1. The Scottish Legal Aid Board

      2. 2. Powers of the Board

      3. 3. Duties of the Board

    2. The Fund

      1. 4. Scottish Legal Aid Fund

      2. 5. Accounts and audit

  2. Part II

    Advice and Assistance

    1. 6. Definitions

    2. 7. Application of Part II

    3. 8. Availability of advice & assistance

    4. 9. Regulations may apply Part II to representation

    5. 10. Financial limit

    6. 11. Clients’ contributions

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

  3. Part III

    Civil Legal Aid

    1. 13. Meaning of “civil legal aid”

    2. 14. Availability of civil legal aid

    3. 15. Financial conditions

    4. Expenses

      1. 16. Expenses in favour of certain assisted persons

      2. 17. Contributions, and payments out of property recovered

      3. 18. Expenses of unassisted party

      4. 19. Expenses out of the Fund

      5. 20. Provisions supplementary to sections 18 and 19

  4. Part IV

    Criminal Legal Aid

    1. 21. Scope and nature of criminal legal aid

    2. 22. Automatic availability of criminal legal aid

    3. 23. Power of the court to grant legal aid

    4. 24. Legal aid in summary proceedings

    5. 25. Legal aid in appeals

    6. 25AA. Legal aid in respect of appeals under section 303A of the 1995 Act

    7. 25AB.Legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council

  5. Part IVA

    Criminal Legal Assistance

    1. Registration

      1. 25A. Criminal Legal Assistance Register

    2. Code of practice

      1. 25B. Code of practice in relation to criminal legal assistance

      2. 25C. Supervision of registered solicitors and firms

    3. Removal of name from Register

      1. 25D. Removal of name from Register following failure to comply with code

      2. 25E. Further provision as to removal of name from Register

      3. 25F. Publication of Register

  6. Part V

    Employment of Solicitors by the Board

    1. 26. Employment to which Part V applies

    2. 27. Arrangements for employment to which Part V applies

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

    4. 28A. Power of Board to employ solicitors to provide criminal assistance

  7. Part VI

    Miscellaneous

    1. Proceedings in relation to children

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

    2. Contempt of court

      1. 30. Legal aid in contempt proceedings

    3. Solicitors and counsel

      1. 31. Solicitors and counsel

      2. 32. Restriction on payment and employment of solicitor or counsel

      3. 33. Fees and outlays of solicitors and counsel

    4. Contracts for the provision of criminal legal assistance

      1. 33A. Contracts for the provision of criminal legal assistance

    5. Information

      1. 34. Confidentiality of information

      2. 35. False information etc

      3. 35A. Power of Board to require information

    6. Power of entry

      1. 35B. Power of Board to enter premises and investigate

    7. Suspension of payments to solicitor

      1. 35C. Suspension of payments to solicitor

    8. Regulations and rules of court

      1. 36. Regulations

      2. 37. Parliamentary procedure

      3. 38. Rules of court

    9. Rights of indemnity

      1. 39. Adaptation of rights to indemnity

    10. General

      1. 40. Finance

      2. 41. Interpretation

      3. 41A. Regulations in relation to criminal legal assistance

      4. 42. Disposable income and capital

      5. 43. Act not to affect certain taxations etc

      6. 43A. Applications of Act to services provided under Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

      7. 44. Crown application

      8. 45. Amendments, transitional provisions, savings and repeals

      9. 46. Short title, commencement and extent

  8. SCHEDULE 1

    The Scottish Legal Aid Board

  9. SCHEDULE 2

  10. SCHEDULE 3

    Minor and Consequential Amendments

  11. SCHEDULE 4

    Transitional Provisions and Savings

  12. Schedule 5

    Repeals

An Act to establish the Scottish Legal Aid Board and the Scottish Legal Aid Fund; to make new provision in connection with the availability of criminal legal aid in Scotland; to repeal and re-enact with modifications certain enactments relating to legal aid and to advice and assistance in Scotland; and for connected purposes.

[25th July 1986]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1Act applied by Extradition Act 1989 (c. 33, SIF 48), 9(3)

C2Act applied (01.04.1992) by Valuation and Rating (Scotland) Act 1956 (c. 60), s. 22 (3) (as substituted (01.04.1992) by Local Government Finance Act 1992 (c.14), ss. 99(1), 117(1), Sch. 13 para. 10); S.I. 1992/818, art. 2(a).

Act applied (1.4.1993) by Local Government Finance Act 1992 (c. 14), ss. 111 (9); S.I. 1993/575, art. 2(a)

Act applied (with modifications) (S.) (15.3.1996) by S.I. 1996/716, art. 24(2)

Act applied (1.9.2001) by 2001 c. 17, s. 6(3)(b) (with ss. 16(5), 78); S.I. 2001/2161, art. 2

Act modified (7.10.1996) by S.I. 1996/2447, reg. 7(1), Sch.2

Extent Information

E1Act: except s. 18(3) extends only to Scotland see s. 46(4).

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