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Legal Aid (Scotland) Act 1986

Type Public General Act
Publication 1986-07-25
Last updated 2024-04-30
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-6a8126f5aa69885fb22b2fa06dcae34c]: S. 35B(2)(ba) inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(6)(b)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

[^key-25c363a4ffd50cbbbdfdd9bf55212524]: Words in s. 37(2) inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(7) (with s. 186); S.S.I. 2013/195, arts. 2, 3

[^key-08e0803c802b352a470da5eb6736c1f2]: S. 41: words in definition “legal aid” inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(c)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3

[^key-4c7f37dd2547db3b77ef230f8ecf1d1f]: S. 41: words in definition “legal aid” repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(c)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

[^key-877da4e8f41985478347068e7a1d6a7a]: S. 42(4)(5) inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(9) (with s. 186); S.S.I. 2013/195, arts. 2, 3

[^key-3d3c3c0c31773e407431000910813d28]: S. 11A inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(3), 25(2); S.S.I. 2013/262, art. 2

[^key-3967d99d4fc058357870a427d5f7c97e]: S. 11 title substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(2), 25(2); S.S.I. 2013/262, art. 2

[^key-1639eb81fd0a4c8671a2f3cf002f165b]: S. 33ZA inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 22, 25(2); S.S.I. 2013/262, art. 2

[^key-612e211d2d32977f1bfabbd6d7ad8770]: Words in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(1), 25(2); S.S.I. 2013/262, art. 2

[^key-9fa407008edfffea527953f2fa898f48]: Word in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(i), 25(2); S.S.I. 2013/262, art. 2

[^key-05f4054f69f8a3c0ff992c7ceffeb12b]: Words in s. 11(1) repealed (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(ii), 25(2); S.S.I. 2013/262, art. 2

[^key-7008e3d40c518ffb298eb6485df7e637]: Words in s. 11(2A) substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(b)(i), 25(2); S.S.I. 2013/262, art. 2

[^key-36fef45a9eb7b889f8fa7501d3141419]: Words in s. 11(2A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(b)(ii), 25(2); S.S.I. 2013/262, art. 2

[^key-e1f9ee9b5fd63fc717f5030fe11089f5]: Words in s. 11(3A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(c), 25(2); S.S.I. 2013/262, art. 2

[^key-eff63cda0fbd736978a42758747ecc82]: S. 11(3)(4) repealed (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(d), 25(2); S.S.I. 2013/262, art. 2

[^key-85dd6839645323560593146006510eea]: Words in s. 4(3)(aa) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(2), 25(2); S.S.I. 2013/262, art. 2

[^key-9fc72d8524c1f118b39eb873e1e25916]: Words in s. 8 inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(3), 25(2); S.S.I. 2013/262, art. 2

[^key-b035970aec2ba1f7a23f18b706d1fe67]: S. 8A(1A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(a), 25(2); S.S.I. 2013/262, art. 2

[^key-eb5a2d16694528e713242c4d658d2d01]: Words in s. 8A(2) substituted (11.10.2013) by virtue of Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 17(b), 25(2); S.S.I. 2013/262, art. 2

[^key-cc04a50f1d67845f97e397960d38efeb]: Words in s. 8A(1) renumbered as s. 8A(1)(a) (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(a), 25(2); S.S.I. 2013/262, art. 2

[^key-460d97bb177029d4ddc8c55349f37f36]: S. 8A(1)(b) and word inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(4)(b), 25(2); S.S.I. 2013/262, art. 2

[^key-f6914895dbd55aaea60962eb1df72a11]: S. 9(2)(dda) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 18(1), 25(2); S.S.I. 2013/262, art. 2

[^key-d7a3656047a23aa11318884d8a6d55e4]: Words in s. 9(2)(de) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(5), 25(2); S.S.I. 2013/262, art. 2

[^key-a35636da8f0f4189a90f7c42f97eacfe]: S. 12(4) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(7)(b), 25(2); S.S.I. 2013/262, art. 2

[^key-4a46ce757502a24c409675c8ea6a842f]: Words in s. 12(3)(a) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(7)(a), 25(2); S.S.I. 2013/262, art. 2

[^key-73053ad1739080b1721bc2097873b16e]: Words in s. 33A(5)(a) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(8)(a), 25(2); S.S.I. 2013/262, art. 2

[^key-8eb66454dbfbde8e7938b2a902eb059b]: S. 33A(5A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(8)(b), 25(2); S.S.I. 2013/262, art. 2

[^key-a90c79df475514ed00a44ae881d74583]: Word in s. 36(2)(b) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(9)(a)(i), 25(2); S.S.I. 2013/262, art. 2

[^key-b852a9551b7bc04525610dcd84702d8f]: Words in s. 36(2)(b) substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(9)(a)(ii), 25(2); S.S.I. 2013/262, art. 2

[^key-7e300ddfe58e4ffb5eb28df943db477b]: Words in s. 36(2)(b) substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(9)(a)(iii), 25(2); S.S.I. 2013/262, art. 2

[^key-011d4ce65af2f2814dc2bcf64f53a13e]: Word in s. 37(2) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(10), 25(2); S.S.I. 2013/262, art. 2

[^key-9538e3508bfbe8dfecbcb28e5bbfac98]: Word in s. 34(2)(b) substituted (1.1.2015) by The Scottish Legal Complaints Commission (Modification of Duties and Powers) Regulations 2014 (S.S.I. 2014/232), regs. 1(2), 3(2) (with reg. 4)

[^key-a2e5845e967173008b5068fa8745f756]: Words in s. 28F(1)(b) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 3(2); S.S.I. 2014/353, art. 2(2)(3), sch.

[^key-37ccd94a2531e683cfb6852b61286876]: S. 21(1)(a)(ia) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(2); S.S.I. 2015/247, art. 2, sch.

[^key-598e4f07d78791fa2d08d1a6e087e0f6]: Words in s. 25(2B) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(c); S.S.I. 2015/247, art. 2, sch.

[^key-450d483d4dc3597b7c9bf2bcc289a102]: Words in s. 25(2)(b) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(a)(i); S.S.I. 2015/247, art. 2, sch.

[^key-12afda3384471709b2c5907174ef4bee]: Words in s. 25(2)(b) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(a)(ii); S.S.I. 2015/247, art. 2, sch.

[^key-49d513636be986beb81af75ac32a5e79]: Words in s. 25(5) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(d)(i); S.S.I. 2015/247, art. 2, sch.

[^key-e1b510ebb1798837bf3d43bb702bc314]: Words in s. 25(5) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(d)(ii); S.S.I. 2015/247, art. 2, sch.

[^key-307e13aa87983933ee8081193e542a1b]: Words in s. 25(2A) inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 14(3)(b); S.S.I. 2015/247, art. 2, sch.

[^M_F_9ba134f4-02b3-4821-95c5-a955fdebe719]: Sch. 2 Pt. 1para. 1: entry inserted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (asp 18), sch. 5 para. 14(4); S.S.I. 2015/378, art. 2, sch

[^key-b96e66b8e1e3ddb59c23ba7705642d43]: S. 11(2) excluded by S.S.I. 2011/217, reg. 8A (as inserted (with application in accordance with reg. 2 of the amending S.S.I.) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/136), regs. 1, 3)

[^key-7b21e2274ba19f9f8e27a95e51b4b95c]: Sch. 2 Pt. II paras. 3A, 3B inserted (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(3); S.S.I. 2016/291, art. 2, sch. (with art. 3(1)(3))

[^key-9a84552e60916c2a3b09839028510865]: S. 28LA inserted (28.11.2016) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 92(3), 102(3); S.S.I. 2016/254, art. 3(2)(a)

[^key-7b536659ea5dd796c0030a74203aa909]: Words in s. 28D(1) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(2)(a) (with art. 4(2))

[^key-c3cce16a1a8b21fefbb3237ed9a8808e]: Words in s. 28D(4) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(2)(b) (with art. 4(2))

[^key-207b23a1ef05b2fd5acebe428afa16f6]: Words in s. 28E(1)(b) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(3)(a) (with art. 4(2))

[^key-de6e08fae9e92a25c6c624310156e675]: Words in s. 28E(4) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(3)(b) (with art. 4(2))

[^key-4f78178b680e2eadc5fb3dbf487eb672]: Words in s. 28F(1)(d) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(4)(a) (with art. 4(2))

[^key-ca847aea60586cb8398d827ae9d36819]: Words in s. 28F(1)(e) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(4)(b)(i) (with art. 4(2))

[^key-a4cbc29d82a760524c893cae2d7535f6]: Words in s. 28F(1)(e) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(4)(b)(ii) (with art. 4(2))

[^key-df16efbcb2ec4366e791ea7550eed95f]: S. 28L heading substituted (28.11.2016) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 92(2), 102(3); S.S.I. 2016/254, art. 3(2)(a)

[^key-c4e0620e79cf7839b41dd1aa5c22a044]: Words in s. 28LA(3)(d) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(5)(a) (with art. 4(2))

[^key-9b7534f97259bc69d51c7af16fca71dd]: Words in s. 28LA(5)(c) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 1(5)(b) (with art. 4(2))

[^key-7f798a0e310e976b4449421b92fba948]: Word in s. 37(2) inserted (28.11.2016) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 3(3); S.S.I. 2016/254, art. 3(2)(b)

[^M_F_ef67f999-b820-490f-c428-3f904528e044]: Sch. 2 Pt. II para. 3(c) repealed (28.11.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 23(2); S.S.I. 2016/291, art. 2, 3(1)(3), sch.

[^M_F_d35f5598-21fa-4442-a155-4c7c964e0921]: Sch. 2 Pt. II para. 3(d) words substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s.237(2), sch. 8 para 10; S.S.I. 2016/294, reg. 2.

[^M_F_41aabc01-863b-4bfd-c74e-c5fd14fa50bc]: Sch. 2 Pt. 1 para. 1: entry inserted (1.12.2016) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2016 (S.S.I. 2016/356), reg. 2

[^key-5e4736b6fdf97767c008077701595d22]: Sch. 2 Pt. 1 para. 2A inserted (1.12.2017) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 (S.S.I. 2017/397), regs. 1, 3(3)

[^M_F_02f9eac9-f318-4814-a43f-9fa146fb0466]: Sch. 2 Pt. 1 para. 1: entry inserted (1.12.2017) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 (S.S.I. 2017/397), regs. 1, 3(2)

[^key-a9588d8b201d80697407223812cd3e9b]: S. 8A(2)(b)(c) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(2)(b), 13(1) (with art. 13(2)(3))

[^key-404a17fc5f5724cd00a791c7c8692f34]: Words in s. 8A(2)(a) substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 35; S.S.I. 2017/345, art. 3, sch. (with art. 4)

[^key-67d1a81dae9c9215cd145e4db55ddfdc]: S. 8A(2)(d)(e) inserted (12.2.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(f), Sch. 4 para. 19

[^key-db3cbf1aa91d3662cd662160d021a660]: Words in s. 22(1)(dd) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 3(2); S.S.I. 2018/387, reg. 2 (with reg. 7)

[^key-630323b9dc200efb1ae967a510eb8daf]: S. 28LB inserted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(3), 84(2); S.S.I. 2020/74, reg. 2, sch.

[^key-b75ad1603fbc761df810396decea8f81]: S. 28B(3A) inserted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(2)(b), 84(2); S.S.I. 2020/74, reg. 2, sch.

[^key-d141978e6a6d6d4f87850911a38742a3]: Words in s. 28B(2) substituted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(2)(a), 84(2); S.S.I. 2020/74, reg. 2, sch.

[^key-55c36dcb850218b2e8829460f19c4f59]: Word in s. 37(2) inserted (31.3.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 73(4), 84(2); S.S.I. 2020/74, reg. 2, sch.

[^key-2edbe2824b33bb25cc720328bb2ca77c]: S. 12(3)(c): power to disapply conferred by S.I. 1996/2447, reg. 16A (as inserted (5.8.2020) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/191), regs. 1(3), 4)

[^key-ebc072683999ea3d5ea2baadfa2fef23]: S. 15(4) omitted (31.12.2020) by virtue of The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(b), 8 (with regs. 12, 13)

[^key-c38474fb40211d5bd487a15cce9ff4e5]: Words in s. 28F(1)(e) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(5)(c), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-dcde7735bc09438f0e1597a43cfd65fe]: Words in s. 28F(1)(d)(i) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(5)(a), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^key-c3ab8b747dd83e9ffae94adc248eb5f0]: Words in s. 28F(1)(d)(ii) inserted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(5)(b), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

[^M_C_7822f7b0-a282-41ae-8a35-5a8a7f69e77d]: Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))

[^key-f4fd280a4e022618d6f45743abe2ae1e]: S. 28C(1)(e)(f) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(b)

[^key-93c264578bcaaaa927fa4ca29efe6b8f]: Word in s. 28C(2)(b) omitted (8.11.2021) by virtue of The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(c)

[^key-87fbf94fdb9144e929d4a6110abb95cd]: S. 28C(2)(d)(e) inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(2)(d)

[^key-a29468028e901de571a294c0b4eb8fc6]: Words in s. 41 inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(3)(a)

[^key-78586ef28381961879adafe6fbe16219]: Words in s. 41 inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(3)(b)

[^key-1ebe3e9fffb33589cacc64a94afd7ee0]: Ss. 33ZB, 33ZC and cross-heading inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(4), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-1dbd88b0b252d9937c85b992799d63c8]: Words in s. 4(2)(a) substituted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(2)(a)(i), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-32c7b2d2b3c60a8fa24d9025f395d8a4]: S. 4(2)(ad) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(2)(a)(ii), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-e7a04badb4dd54e56762427cb0fc04fa]: S. 4(3)(ae) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(2)(b), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-917883b079fe3307fa0d48d7b560f2e3]: S. 33(3BA) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(3)(a), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-2459aed9003b1ae68ae3fdf7236b620e]: Word in s. 33(3C) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(3)(b), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-5562ee1e870a4fa179ebf2e9f05f8fdd]: S. 33(6) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(3)(c), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

[^key-9303fd4d0941de51380395e15f59c6ab]: S. 28B(3)(c) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(a)

[^key-4e7bdb5db1e843566d4500990b9c80ee]: Words in s. 28B(4) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(b)(i)

[^key-7e1bf188b1e0cb5854aa83de41bd01e1]: Words in s. 28B(4) inserted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(2)(b)(ii)

[^key-323471e23768fc40ee59d80b285219d8]: S. 28C(1)(c) substituted (30.4.2024) by The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/119), regs. 1, 3(3)

Definitions.

Financial limit.

Register of advice organisations

12A
  • (1) The Board shall establish and maintain a register of advice organisations (“the register of advice organisations”) of organisations approved by the Board as registered organisations in relation to the provision of advice and assistance by persons approved by such organisations as advisers.
  • (2) A person who—
  • (a) is a solicitor;
  • (b) is an advocate;
  • (c) is a conveyancing practitioner or an executry practitioner, within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40);
  • (d) has acquired any right to conduct litigation or right of audience by virtue of section 27 of that Act,

may not be an adviser.

  • (3) Schedule 1A makes further provision about advisers and registered organisations, the register of advice organisations, code of practice for advisers etc.
12B
  • (1) The Scottish Ministers may by regulations specify categories of circumstances for the purposes of paragraph (aa) of the definition of “advice and assistance” in section 6(1) of this Act.
  • (2) The power under subsection (1) may specify different categories for different purposes.
  • (3) In this Act—
  • (a) “advice and assistance” as defined in section 6(1)(c) is limited to the extent to which it is competent for the adviser to perform any steps on behalf of the person or by assisting him in so taking them;
  • (b) “assistance by way of representation” as defined in section 6(1) includes advice and assistance provided by an adviser but only to the extent to which it is competent for the adviser to perform such steps referred to in that definition.

Definitions.

Financial limit.

Accounts and audit.

Definitions.

Parliamentary procedure.

Advice and assistance

3

The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007.

3

Civil legal aid shall not be available in relation to —

  • (a) election petitions under the Representation of the People Act 1983 ;
  • (b) simplified divorce applications under the Rules of Procedure of the Court of Session or the sheriff court;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) petitions by a debtor for the sequestration of his estate under section 2(1)(a) of the Bankruptcy (Scotland) Act 2016 .

Clients' contributions: specified criminal assistance by way of representation

Clients' contributions: specified criminal assistance by way of representation

Advice and assistance

False information etc.

Advice and assistance

Advice and assistance

Crown application.

False information etc.

Expenses in favour of certain assisted persons.

Expenses out of the Fund.

Regulations may apply Part II to representation.

Regulations may apply Part II to representation.

Financial limit.

Advice and assistance

35AA
  • (1) For the purpose mentioned in subsection (4)(a), each of the bodies mentioned in subsection (3)(a), (b) and (c) must provide the Board with such information as the Board may reasonably require.
  • (2) For the purpose mentioned in subsection (4)(b)—
  • (a) each of the bodies mentioned in subsection (3)(a) and (b) must—
  • (i) inform the Board whenever it upholds a conduct complaint about a solicitor or (as the case may be) an advocate, and
  • (ii) give the Board a summary of the relevant facts,
  • (b) the body mentioned in subsection (3)(d) must—
  • (i) inform the Board whenever it upholds a services complaint about a solicitor or an advocate, and
  • (ii) give the Board a summary of the relevant facts.
  • (3) The bodies are—
  • (a) the Law Society,
  • (b) the Faculty of Advocates,
  • (c) the Scottish Court Service,
  • (d) the Scottish Legal Complaints Commission.
  • (4) The purposes are the Board's exercise of its functions under—
  • (a) section 1(2A),
  • (b) section 31(3).
  • (5) In subsection (2), a reference to a services or a conduct complaint is to be construed in accordance with Part 1 of the Legal Profession and Legal Aid (Scotland) Act 2007.

Publication of Register.

Financial conditions.

Parliamentary procedure.

Expenses in favour of certain assisted persons.

Financial conditions.

Financial conditions.

Expenses in favour of certain assisted persons.

Financial conditions.

Contributions, and payments out of property recovered.

Expenses of unassisted party.

Expenses out of the Fund.

Clients' contributions: general

28B
  • (1) This Part applies to children's legal aid.
  • (2) In this Act, “children's legal aid” means representation by a solicitor and, where appropriate, by counsel in proceedings mentioned in subsections (3) and (3A), on the terms provided for in this Act, and includes all such assistance as is usually given by a solicitor or counsel in the steps preliminary to or incidental to those proceedings.
  • (3) The proceedings are—
  • (a) proceedings before the sheriff in relation to an application under section 48 of the 2011 Act (application for variation or termination of child protection order),
  • (b) proceedings before a children's hearing arranged by virtue of section 45 or 46 of the 2011 Act (children's hearing following making of child protection order),
  • (c) proceedings before a children’s hearing or a pre-hearing panel if the children’s hearing or the panel considers that it might be necessary to make a compulsory supervision order in relation to the child to whom the proceedings relate that includes either (or both)—
  • (i) a secure accommodation authorisation,
  • (ii) a movement restriction condition,
  • (d) proceedings before a children's hearing to which section 69(3) of the 2011 Act applies (children's hearing following arrest of child and detention in place of safety),
  • (e) proceedings under Part 10 or 15 of the 2011 Act.
  • (3A) The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.
  • (4) In this Part—
  • “compulsory supervision order” has the meaning given by section 83 of the 2011 Act,
  • “movement restriction condition” has the meaning given by section 84 of that Act,
  • “pre-hearing panel” has the meaning given by section 79 of that Act,
  • “secure accommodation authorisation” has the meaning given by section 85 of that Act.
28C
  • (1) Subsection (2) applies where—
  • (a) an application is made under section 48 of the 2011 Act for variation or termination of a child protection order,
  • (b) a children's hearing is arranged in relation to a child by virtue of section 45 or 46 of the 2011 Act,
  • (c) a children’s hearing or a pre-hearing panel considers that it might be necessary to make a compulsory supervision order in relation to a child that includes either (or both)—
  • (i) a secure accommodation authorisation,
  • (ii) a movement restriction condition,
  • (d) a children's hearing to which section 69(3) of the 2011 Act applies is arranged in relation to a child,
  • (e) an application in relation to a child is made under section 34 (application for order authorising search in relation to child under 12), 42 (application for child interview order) or 61 (application for order authorising taking of prints and samples from child) of the 2019 Act, or
  • (f) an order is made in relation to a child under section 36 (search in relation to child under 12), 44 (child interview) or 63 (taking of prints and samples from child) of the 2019 Act.
  • (2) If assistance by way of representation has not been made available to the child, children's legal aid is available to the child for the purposes of—
  • (a) proceedings before the sheriff in relation to the application mentioned in paragraph (a) of subsection (1),
  • (b) the children's hearing mentioned in paragraph (b) or, as the case may be, (c) or (d) of that subsection, ...
  • (c) if that children's hearing is deferred, any subsequent children's hearing held under Part 11 of the 2011 Act,
  • (d) representations in respect of an application mentioned in subsection (1)(e), and
  • (e) proceedings before the sheriff under section 38 (appeal against decision under section 36), 46 (appeal against decision under section 44) or 67 (appeal against decision under section 63) of the 2019 Act in respect of permission to appeal a decision and, where such permission is given, proceedings before the Sheriff Appeal Court in respect of such an appeal.
  • (3) The Scottish Ministers may by regulations—
  • (a) modify subsection (1),
  • (b) modify subsection (2) and section 28B(3) and (4) in consequence of modifications made under paragraph (a).
28D
  • (1) Subsection (2) applies in relation to proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the Sheriff Appeal Court or the Court of Session).
  • (2) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met.
  • (3) The conditions are—
  • (a) that it is in the best interests of the child that children's legal aid be made available,
  • (b) that it is reasonable in the particular circumstances of the case that the child should receive children's legal aid, and
  • (c) that, after consideration of the disposable income and disposable capital of the child, the expenses of the case cannot be met without undue hardship to the child.
  • (4) Subsection (5) applies in relation to an appeal to the Sheriff Appeal Court or the Court of Session under Part 15 of the 2011 Act.
  • (5) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that—
  • (a) the conditions in subsection (3) are met, and
  • (b) the child has substantial grounds for making or responding to the appeal.
28E
  • (1) Subsection (2) applies in relation to—
  • (a) proceedings before the sheriff in relation to an application under section 48 of the 2011 Act (application for variation or termination of child protection order), and
  • (b) proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the Sheriff Appeal Court or the Court of Session).
  • (2) Children's legal aid is available to a relevant person in relation to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met.
  • (3) The conditions are—
  • (a) that it is reasonable in the particular circumstances of the case that the relevant person should receive children's legal aid, and
  • (b) that, after consideration of the disposable income and disposable capital of the relevant person, the expenses of the case cannot be met without undue hardship to the relevant person.
  • (4) Subsection (5) applies in relation to an appeal to the Sheriff Appeal Court or the Court of Session under Part 15 of the 2011 Act.
  • (5) Children's legal aid is available to a relevant person in relation to the child to whom the appeal relates if, on an application made to the Board, the Board is satisfied that—
  • (a) the conditions in subsection (3) are met, and
  • (b) the relevant person has substantial grounds for making or responding to the appeal.
  • (6) In this Part, “relevant person”—
  • (a) has the meaning given by section 200 of the 2011 Act, and
  • (b) includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act.
28F
  • (1) Subsection (2) applies in relation to—
  • (a) an appeal under section 154 or 163(1)(a)(iii) or (2) of the 2011 Act arising from a determination of a children's hearing mentioned in section 142(1)(a) if by virtue of section 142(4)(b) an individual is no longer to be deemed to be a relevant person,
  • (b) an appeal to the sheriff under section 160(1)(a) of that Act against a determination of a pre-hearing panel or children's hearing that an individual is not to be deemed , or is no longer to be deemed, a relevant person in relation to a child,
  • (c) an appeal to the sheriff under section 160(1)(b) of that Act against a direction under section 142(4)(a) that an individual is no longer to be deemed a relevant person in relation to a child,
  • (d) an appeal to the Sheriff Appeal Court or the Court of Session under section 164(1) of that Act against a decision of the sheriff in an appeal under section 160(1)—
  • (i) confirming a determination that an individual is not to be deemed , or is no longer to be deemed, a relevant person in relation to a child, or
  • (ii) quashing a determination that an individual is to be deemed , or is to continue to be deemed, a relevant person in relation to a child, and
  • (e) an appeal to the Court of Session under section 164(2) of that Act against a determination of the Sheriff Appeal Court where the effect of the Sheriff Appeal Court’s determination is that an individual is not to be deemed , or is no longer to be deemed, a relevant person in relation to a child.
  • (2) Children's legal aid is available to the individual if, on an application made to the Board, the Board is satisfied—
  • (a) that it is reasonable in the particular circumstances of the case that the individual should receive children's legal aid,
  • (b) that, after consideration of the disposable income and disposable capital of the individual, the expenses of the case cannot be met without undue hardship to the individual, and
  • (c) that—
  • (i) in relation to an appeal mentioned in paragraph (a) of subsection (1), the individual has substantial grounds for making or, as the case may be, responding to the appeal,
  • (ii) in relation to an appeal mentioned in any other paragraph of that subsection, the individual has substantial grounds for making the appeal.
28G

The Board may make the grant of children's legal aid subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

28H
  • (1) The Board must establish a procedure under which a person whose application for children's legal aid has been refused may apply to the Board for a review of the application.
  • (2) The Board must establish a procedure under which any person receiving children's legal aid which is subject to conditions by virtue of section 28G may apply to the Board for a review of any such condition.
28J

The Board may require a person receiving children's legal aid to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for the person to continue to receive children's legal aid.

28K
  • (1) A person in receipt of children's legal aid (the “assisted person”) may be required by the Board to contribute to the Fund in respect of any proceedings in connection with which the assisted person is granted children's legal aid.
  • (2) A contribution under subsection (1) is to be determined by the Board and may include—
  • (a) if the assisted person's disposable income exceeds £3,355 a year, a contribution in respect of income which is not to be more than one-third of the excess (or such other proportion of the excess, or such amount, as may be prescribed by regulations made under this section), and
  • (b) if the assisted person's disposable capital exceeds £7,504, a contribution in respect of capital which is not to be more than the excess (or such proportion of the excess or such lesser amount as may be prescribed by regulations made under this section).
  • (3) Regulations under this section may prescribe different proportions or amounts for different amounts of disposable income and for different cases or classes of case.
28L
  • (1) The Scottish Ministers may by regulations modify this Part so as to—
  • (a) extend or restrict the types of proceedings before a children's hearing in connection with which children's legal aid is to be available, and
  • (b) specify the persons to whom children's legal aid is to be available.
  • (2) If regulations are made making children's legal aid available to a child, the regulations must include provision—
  • (a) requiring the Board to be satisfied that—
  • (i) one of the conditions in subsection (3) is met, and
  • (ii) the conditions in section 28D(3) are met before children's legal aid is made available, and
  • (b) requiring the Board, in determining for the purposes of subsection (3)(b)(ii) whether the child would be able to participate effectively in the proceedings, to take into account in particular the matters mentioned in subsection (4).
  • (3) The conditions are—
  • (a) that it might be necessary for the children's hearing to decide whether a compulsory supervision order or, as the case may be, an interim compulsory supervision order should include or (where a compulsory supervision order is being reviewed) continue to include a secure accommodation authorisation, and
  • (b) that—
  • (i) the condition in paragraph (a) is not met, and
  • (ii) for the purpose of enabling the child to participate effectively in the proceedings before the children's hearing, it is necessary that the child be represented by a solicitor or counsel.
  • (4) The matters are—
  • (a) the nature and complexity of the case (including any points of law),
  • (b) the ability of the appropriate person, with the assistance of any accompanying person, to consider and challenge any document or information before the children's hearing,
  • (c) the ability of the appropriate person, with the assistance of any accompanying person, to give the appropriate person's views at the children's hearing in an effective manner.
  • (5) If regulations are made making children's legal aid available to a person other than the child to whom the proceedings relate, the regulations must include provision—
  • (a) requiring the Board to be satisfied that the conditions in subsection (6) are met before children's legal aid is made available, and
  • (b) requiring the Board, in determining for the purposes of the condition in subsection (6)(a) whether the person would be able to participate effectively in the proceedings, to take into account in particular the matters mentioned in subsection (4).
  • (6) The conditions are—
  • (a) that, for the purpose of enabling the person to participate effectively in the proceedings before the children's hearing, it is necessary that the person be represented by a solicitor or counsel,
  • (b) that it is reasonable in the particular circumstances of the case that the person should receive children's legal aid, and
  • (c) that, after consideration of the disposable income and disposable capital of the person, the expenses of the case cannot be met without undue hardship to the person or the dependants of the person.
  • (7) In subsection (4)—
  • “accompanying person” means a person entitled to accompany the child or other person to the children's hearing by virtue of rules under section 177 of the 2011 Act,
  • “appropriate person” means—for the purposes of subsection (2)(b), the child,for the purposes of subsection (5)(b), the other person.
  • (8) The Scottish Ministers may by regulations modify—
  • (a) the matters for the time being set out in subsection (4),
  • (b) the definition of “accompanying person” for the time being set out in subsection (7).

Code of practice

28M
  • (1) The Board must establish and maintain a register of—
  • (a) solicitors who are eligible to provide children's legal assistance, and
  • (b) the firms with which such solicitors are connected.
  • (2) A sole solicitor who wishes to provide children's legal assistance must be included in the register maintained under this section both as a solicitor and as a firm.
  • (3) Only those solicitors who are included in the register maintained under this section may provide children's legal assistance.
  • (4) Subject to subsection (5), a solicitor may provide children's legal assistance only when working in the course of a connection with a firm included in the register maintained under this section.
  • (5) Where the Board employs a solicitor under sections 26 and 27 to provide children's legal assistance—
  • (a) the Board may only employ a solicitor who is included in the register maintained under this section,
  • (b) the entry in the register relating to the solicitor's name must include a note that the solicitor is so employed,
  • (c) the Board is not to be regarded as a firm for the purposes of this section and is not required to be included in the register.
  • (6) The Scottish Ministers may by regulations make provision about qualifications to be held by persons who may be included in the register maintained under this section.
  • (7) Subsections (5) to (15) of section 25A apply in relation to the register maintained under this section as they apply in relation to the Register subject to the modifications mentioned in subsection (8).
  • (8) Those modifications are—
  • (a) subsections (8) and (9) are to be read as if references to the code were references to the code of practice under section 28N for the time being in force, and
  • (b) subsection (9) is to be read as if the reference to criminal legal assistance were a reference to children's legal assistance.
28N
  • (1) The Board must prepare a draft code of practice in relation to the carrying out by solicitors of their functions with regard to the provision of children's legal assistance.
  • (2) Different provision may be made for different cases or classes of case.
  • (3) Subsections (3) to (8) of section 25B apply in relation to a draft code prepared under subsection (1) above as they apply in relation to a draft code prepared under subsection (1) of that section.
28P
  • (1) Solicitors and firms included in the register maintained under section 28M(1) must comply with the requirements of the code of practice under section 28N for the time being in force.
  • (2) The Board must monitor the carrying out by those solicitors and firms of their duty under subsection (1).
  • (3) For the purpose of carrying out its duty under subsection (2) the Board may use the powers conferred on it by sections 35A and 35B.
28Q
  • (1) Section 25D applies in relation to a solicitor or firm included in the register maintained under section 28M(1) and the code of practice under section 28N for the time being in force as it applies in relation to a registered solicitor or registered firm and the code subject to the modifications mentioned in subsection (2).
  • (2) Those modifications are—
  • (a) references to the Register are to be read as if they were references to the register maintained under section 28M(1),
  • (b) subsection (6) is to be read as if the references to criminal legal assistance were references to children's legal assistance.
28R
  • (1) Subsection (2) applies where the Board is satisfied (whether on being informed by the solicitor concerned or otherwise) that a solicitor who is included in the register maintained under section 28M(1)—
  • (a) has become connected with a firm whose name is not included in that register, and
  • (b) is no longer connected with a firm whose name is included in that register.
  • (2) The Board must remove the solicitor's name from the register.
  • (3) Subsections (6) to (9) of section 25D (as applied by section 28Q) apply in relation to a solicitor whose name is removed from the register under subsection (2) above as they apply in relation to a solicitor whose name is removed from the register under subsection (4) of that section (as applied by section 28Q).
28S

Section 25F applies in relation to the register maintained under section 28M(1) as it applies in relation to the Register.

Confidentiality of information.

Solicitors and counsel.

Fees and outlays of solicitors and counsel.

Confidentiality of information.

Power of Board to require information.

Rules of court.

Disposable income and capital.

Act not to affect certain taxations etc.

Act not to affect certain taxations etc.

Expenses out of the Fund.

Confidentiality of information.

Power of Board to require information.

Restriction on payment and employment of solicitor or counsel.

False information etc.

Parliamentary procedure.

Disposable income and capital.

Disposable income and capital.

Crown application.

Proceedings before the First-tier Tribunal for Scotland

Regulations may apply Part II to representation.

Financial limit.

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

Regulations may apply Part II to representation.

Financial conditions.

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