PART 4 continued
(1) The 1986 Act is amended as follows.
(2) In section 14 (availability of civil legal aid), after subsection (1B) insert—
“(1C) In the case of proceedings described in paragraph 1 of Part II of Schedule 2 to this Act, civil legal aid shall be available to a person only if, in addition to the requirements which have to be met under subsection (1) and section 15 of this Act and subject to paragraph 2 of Part II of Schedule 2, such criteria as may be set out by the Scottish Ministers in directions given to the Board are met.
(1D) A direction given under subsection (1C) may—
(a) include criteria in respect of which the Board may require to satisfy itself;
(b) make different provision for different purposes;
(c) be varied or revoked at any time.
(1E) Where the Scottish Ministers give a direction under subsection (1C)—
(a) the Board must comply with it;
(b) the Scottish Ministers must arrange for the direction to be published in such manner as they consider appropriate.”.
(3) In Part II of Schedule 2 (excepted proceedings)—
(a) in paragraph 1, after “to” insert “section 14(1C) and”;
(b) in paragraph 2, the words “, and legal” to the end are repealed.
(1) Section 14 (availability of civil legal aid) of the 1986 Act is amended in accordance with subsections (2) and (3) of this section.
(2) In subsection (1), for “subsection” substitute “subsections (1F) and”.
(3) After subsection (1E) (inserted by section 71(2) of this Act), insert—
“(1F) Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.
(1G) The Board shall establish a procedure under which any person receiving civil legal aid under this section which is subject to conditions by virtue of subsection (1F) may apply to the Board for a review of any such condition.”.
(4) Section 29 (legal aid in certain proceedings relating to children) of the 1986 Act is amended in accordance with subsections (5) and (6) of this section.
(5) After subsection (5) insert—
“(5A) Legal aid made available to a person under subsection (2)(d) above or subsection (9) below may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.”.
(6) After subsection (6) insert—
“(6A) The Board shall establish a procedure under which any person whose application for legal aid under subsection (2)(d) above or subsection (9) below has been refused may apply to the Board for a review of his application.
(6B) The Board shall establish a procedure under which any person receiving legal aid under subsection (2)(d) above or subsection (9) below which is subject to conditions by virtue of subsection (5A) may apply to the Board for a review of any such condition.”.
(1) In section 25AB (legal aid in references, appeals or applications for special leave to appeal to the Judicial Committee of the Privy Council) of the 1986 Act—
(a) in subsection (1), for “or 13(a)” substitute “, 13(a) or 33”;
(b) in subsection (4), after “11” insert “or 33”.
(2) In paragraph 1 of Part 1 of Schedule 2 to that Act, for “and 13(b)” substitute “, 13(b), 32 and 33”.
(1) In section 4 (Scottish Legal Aid Fund) of the 1986 Act, after subsection (2)(a) insert—
“(aza) any expenses incurred by the Board in connection with the provision by solicitors employed by it by virtue of section 27(1) of this Act of—
(i) advice and assistance in relation to civil matters;
(ii) civil legal aid;
(iii) any services as are mentioned in section 26(2) of this Act;”.
(2) In section 26 (employment to which Part V applies)—
(a) in subsection (2)—
(i) the word “local” is repealed;
(ii) in paragraph (a), for “its function” substitute “any function it has”;
(b) in subsection (3)(a)—
(i) the word “local” is repealed;
(ii) after “concerned” insert “(whether wholly or partly)”.
(3) In section 27 (arrangements for employment to which Part V applies) of that Act—
(a) after subsection (1), insert—
“(1A) The provisions of paragraph 8 of Schedule 1 to this Act shall apply to solicitors employed by the Board by virtue of subsection (1) as they apply to employees appointed by the Board under that paragraph.”;
(b) subsections (2) and (3) are repealed.
(1) The 1986 Act is amended as follows.
(2) In section 4 (Scottish Legal Aid Fund) in subsection (2), after paragraph (ab) insert—
“(aba) any sums repayable to a person in accordance with section 17(2C) of this Act;
(abb) any sums payable to a person in accordance with section 17(2D) of this Act;”.
(3) In that section, after subsection (3)(c) insert—
“(ca) any sum recovered as to expenses under an award of a court or an agreement or otherwise in favour of any person in respect of any matter in connection with which advice and assistance has been provided to the person—
(i) by virtue of a grant made under section 4A; or
(ii) by a solicitor in the course of employment to which Part V of this Act applies;
(cb) any sum which is to be paid out of property (of whatever nature and wherever situated) recovered or preserved for any person in respect of any matter in connection with which advice and assistance has been provided to the person (including his rights under any settlement arrived at in connection with that matter in order to avoid or bring to an end any proceedings)—
(i) by virtue of a grant made under section 4A; or
(ii) by a solicitor in the course of employment to which Part V of this Act applies;”.
(4) In section 17 (contributions, and payments out of property recovered), after subsection (2B) insert—
“(2C) If the total contribution to the Fund made by a person in respect of any proceedings exceeds the net liability of the Fund on the person’s account, the excess shall be repaid to the person.
(2D) Any sums paid to the Board under subsection (2B) which are no longer required to meet the net liability of the Fund on a person’s account, having taken into account any relevant sums paid to the Board under subsection (2A), shall be paid to the person.
(2E) Nothing in subsection (2B) shall prejudice the power of the court to allow any damages or expenses to be set off.
(2F) In this section, the reference to a “net liability of the Fund” on a legally assisted person’s account is a reference to the aggregate amount of—
(a) the sums paid or payable to a solicitor or counsel out of the Fund on the person’s account, in respect of the proceedings in question; and
(b) any sums paid or payable to a solicitor, counsel or registered organisation (in respect of the advisers it approves) out of the Fund on the person’s account, for advice and assistance in connection with the proceedings in question or any matter to which those proceedings relate,
being sums not recouped by the Fund out of expenses in respect of those proceedings, or as a result of any right which the person may have to be indemnified against such expenses.
(2G) Where the solicitor for a legally assisted person is employed by the Board for the purposes of Part V of this Act, references in subsection (2F) to sums payable out of the Fund include references to sums which would have been so payable had the legal aid and, as the case may be, advice and assistance been provided in circumstances other than those specified in subsection (2I).
(2H) Where—
(a) civil legal aid is or has been provided in respect of the proceedings in question by virtue of a grant made under section 4A; and
(b) advice and assistance is or has been provided in connection with the proceedings by virtue of a grant made under section 4A,
references in subsection (2F) to sums payable out of the Fund include references to sums which would have been so payable had the legal aid and, as the case may be, advice and assistance been provided in circumstances other than those specified in subsection (2I).
(2I) The circumstances are that the legal aid and, as the case may be, advice and assistance has been provided—
(a) by virtue of a grant made under section 4A; or
(b) by a solicitor in the course of employment to which Part V of this Act applies.”.
(1) Section 36 (regulations) of the 1986 Act is amended as follows.
(2) After paragraph (c) of subsection (2) insert—
“(ca) make provision allowing the Board to determine—
(i) the matters which, subject to subsection (2A), are or are not to be treated as distinct matters for the purposes of advice and assistance;
(ii) on a case by case basis, matters which may be treated as if they were distinct matters for the purposes of advice and assistance;”.
(3) After subsection (2) insert—
“(2A) Regulations made under this section which include provision as mentioned in subsection (2)(ca)(i) must include provision to the effect that—
(a) any determination by the Board as to the matters which are or are not to be so treated as distinct matters may only be made after consultation with the Law Society;
(b) where a matter has been determined by the Board to be so treated as a distinct matter, the Board may not determine that the matter is no longer to be so treated unless the Scottish Ministers consent.”.