Legal Aid (Scotland) Act 1986

Legal aid in contempt proceedings.

Restriction on payment and employment of solicitor or counsel.

Contracts for the provision of criminal legal assistance.

Contracts for the provision of children's legal assistance

Contracts for the provision of children's legal assistance

33B

• (1) The Scottish Ministers may by regulations made under this section empower the Board to enter into contracts with relevant firms for the provision by relevant solicitors connected with those firms of children's legal assistance.

• (2) Regulations under this section may prescribe—

• (a) the procedures to be followed by the Board in awarding any such contract, and

• (b) subject to subsection (3), any terms and conditions which are to be included in any such contract.

• (3) Regulations under this section must provide that any contract entered into by virtue of this section must include a provision that, in the event of the termination of the contract, or a breach of it by the relevant firm concerned, the Board may—

• (a) withhold payments under the contract, and

• (b) require the firm to secure the transfer to a relevant solicitor of—

• (i) any work currently being undertaken by any solicitor connected with them for any client by way of children's legal assistance, and

• (ii) notwithstanding any lien to which any such solicitor might otherwise be entitled, any documents connected with any such work.

• (4) Regulations under this section may provide that where the Board has by virtue of this section entered into contracts with any relevant firms for the provision of children's legal assistance in any area, then, unless it seems to the Board to be inappropriate in a particular case, any person seeking such assistance in that area is to be required to instruct a relevant solicitor connected with one of those firms.

• (5) Any money due to a firm under a contract made by virtue of this section is to be paid to the firm—

• (a) firstly, out of any amount payable by the client in accordance with section 11(2),

• (b) secondly, by the Board out of the Fund.

• (6) For the purposes of sections 32 and 33, the money paid to a firm, as provided in subsection (5) above, in respect of a contract made by virtue of this section is to be taken to be a payment made in accordance with this Act, and no solicitor connected with such a firm is entitled to any other payment out of the Fund in respect of any work done by the solicitor by virtue of such a contract.

• (7) In this section—

• “ relevant firm ” means a firm included in the register maintained under section 28M(1),

• “relevant solicitor” means a solicitor included in the register maintained under section 28M(1).

Confidentiality of information.

Contracts for the provision of criminal legal assistance.

Parliamentary procedure.

Regulations in relation to criminal legal assistance.

Disposable income and capital.

Act not to affect certain taxations etc.

Crown application.

Proceedings for judicial review before the Upper Tribunal

11A

• (1) This section applies where—

• (a) assistance by way of representation has been made available to a client under section 9A(1) (“the assistance”), and

• (b) the client—

• (i) has disposable income of, or exceeding, £82 per week and is not (directly or indirectly) in receipt of any of the benefits mentioned in section 11(2)(b), or

• (ii) has disposable capital of, or exceeding, £750.

• (2) The client is liable to pay a contribution in respect of the assistance provided of up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under section 33ZA(1).

• (3) Except where regulations made under section 33ZA(1) otherwise provide—

• (a) in a case where the assistance is being provided—

• (i) by a solicitor employed by the Board by virtue of sections 26 and 27 or, as the case may be, section 28A, or

• (ii) by counsel instructed by such a solicitor,

it is for the Board to determine the amount of and collect any contribution payable by the client under subsection (2), and

• (b) in any other case, it is for the solicitor to determine the amount of and collect any contribution payable by the client under subsection (2).

• (4) A contribution collected by the solicitor is to be treated as payment of a fee or outlay properly chargeable (in accordance with section 33).

Clients' contributions: specified criminal assistance by way of representation

Expenses in favour of certain assisted persons.

Power of the court to grant legal aid.

Further provision as to removal of name from Register.

Availability of children's legal aid: child

Code of practice

Solicitors and counsel.

Parliamentary procedure.

Regulations about contributions for criminal legal assistance

33ZA

• (1) The Scottish Ministers may by regulations make provision in connection with the amount, determination and collection of any contribution payable under section 11 (in so far as relating to criminal matters) or section 11A, 25AA or 25AC.

• (2) Regulations made under subsection (1) may, in particular—

• (a) make provision permitting a lower contribution to be payable where otherwise the person liable to pay the contribution, or the dependants of such person, would suffer undue hardship,

• (b) make provision for determining appropriate contributions where the person is in receipt of criminal legal assistance in respect of two or more distinct proceedings,

• (c) except in relation to section 25AA, specify whether it is for the Board or the solicitor providing the assistance to determine the amount of, or collect, a contribution,

• (d) specify how a person's contributions are to be transferred or accounted for in relation to proceedings which are—

• (i) instituted by way of summary complaint but which are subsequently dealt with under solemn procedure, or

• (ii) instituted by way of indictment but which are subsequently dealt under summary procedure,

• (e) make provision about the payment of contributions by instalments,

• (f) make provision requiring the Board to make arrangements to provide to solicitors a service of collecting contributions payable to solicitors on their behalf.

• (3) Regulations made under subsection (1) containing provision made in pursuance of subsection (2)(f) may include provision about the operation of the service, including provision—

• (a) regulating the arrangements for remitting to a solicitor the amount of a contribution (or an instalment of a contribution) following its collection,

• (b) enabling or requiring, or, where enabled or required, regulating, the imposition by the Board of charges for the recovery of any reasonable costs the Board incurs in connection with the provision of the service to a solicitor.

• (4) Regulations made under subsection (1) may provide for different provision in relation to different cases or classes of case.

• (5) In this section “the solicitor” means the solicitor by whom any criminal legal aid is being provided or, where it is provided by counsel, the solicitor on whose instruction counsel provides it.

Contracts for the provision of children's legal assistance

Rules of court.

Proceedings for judicial review before the Upper Tribunal

Disposable income and capital.

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

Amendments, transitional provisions, savings and repeals.

Proceedings for judicial review before the Upper Tribunal

Contributions, and payments out of property recovered.

Legal aid in appeals.

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

Criminal Legal Assistance Register.

Code of practice in relation to criminal legal assistance.

Publication of Register.

Restriction on payment and employment of solicitor or counsel.

Contracts for the provision of children's legal assistance

Confidentiality of information.

Confidentiality of information.

Confidentiality of information.

Confidentiality of information.

Regulations in relation to criminal legal assistance.

Disposable income and capital.

Crown application.

Crown application.

Criminal Legal Assistance Register.

Solicitors and counsel.

Legal aid in contempt proceedings.

Restriction on payment and employment of solicitor or counsel.

Regulations about contributions for criminal legal assistance

Parliamentary procedure.

Parliamentary procedure.

Parliamentary procedure.

Disposable income and capital.

Disposable income and capital.

Proceedings before the First-tier Tribunal for Scotland

28LA

• (1) The Scottish Ministers may by regulations modify this Part so as to—

• (a) provide that children's legal aid is to be available, in relation to a type of court proceedings under the 2011 Act, to a person to whom it is not available by virtue of section 28D, 28E or 28F,

• (b) vary any availability provided by virtue of paragraph (a), or

• (c) remove any availability provided by virtue of paragraph (a).

• (2) If regulations are made making children's legal aid available to a child, the regulations must include provision requiring the Board to be satisfied that the conditions in subsection (3) are met before children's legal aid is made available.

• (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,

• (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, and

• (d) if the proceedings are an appeal to the Sheriff Appeal Court or the Court of Session under Part 15 of the 2011 Act, that the child has substantial grounds for making or responding to the appeal.

• (4) If regulations are made making children's legal aid available to a person other than a child, the regulations must include provision requiring the Board to be satisfied that the conditions in subsection (5) are met before children's legal aid is made available.

• (5) The conditions are—

• (a) that it is reasonable in the particular circumstances of the case that the person should receive children's legal aid,

• (b) 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, and

• (c) if the proceedings are an appeal to the Sheriff Appeal Court or the Court of Session under Part 15 of the 2011 Act, that the person has substantial grounds for making or responding to the appeal.

3A

Civil legal aid shall not be available in relation to the following categories of simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014) at first instance, namely—

• (a) proceedings for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses), other than—

• (i) proceedings in respect of aliment or interim aliment, and

• (ii) actions for personal injury,

• (b) actions ad factum praestandum and proceedings for the recovery of possession of moveable property in which (in either case) there is included, as an alternative to the claim, a claim for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses).

3B

In paragraph 3A—

• (a) “actions for personal injury” means actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies, and

• (b) “actions ad factum praestandum” includes actions for delivery and actions for implement but does not include actions for count, reckoning and payment.

2A

The proceedings before the First-tier Tribunal for Scotland mentioned in paragraph 1 are—

• (a) those transferred to it by section 16(1) of the Housing (Scotland) Act 2014, in relation to the following enactments—

• (i) the Rent (Scotland) Act 1984;

• (ii) the Housing (Scotland) Act 1988;

• (iii) the Housing (Scotland) Act 2006;

• (b) those in relation to the Private Housing (Tenancies) (Scotland) Act 2016.

Expenses of unassisted party.

Further provision as to removal of name from Register.

Legal aid in contempt proceedings.

Restriction on payment and employment of solicitor or counsel.

Regulations about contributions for criminal legal assistance

False information etc.

False information etc.

Rules of court.

Act not to affect certain taxations etc.

Crown application.

Proceedings before the First-tier Tribunal for Scotland

Meaning of “civil legal aid”.

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

Fees and outlays of solicitors and counsel.

Regulations about contributions for criminal legal assistance

Confidentiality of information.

Power of Board to require information.

Regulations in relation to criminal legal assistance.

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

Amendments, transitional provisions, savings and repeals.

28LB

• (1) The Scottish Ministers may by regulations modify this Part so as to—

• (a) provide for children's legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, and

• (b) specify the other persons (if any) to whom children's legal aid is to be available in connection with such proceedings and appeals.

• (2) Regulations under subsection (1) may in particular made provision about—

• (a) the proceedings in relation to which and the circumstances in which children's legal aid is to be available automatically,

• (b) the proceedings in relation to which and the circumstances in which children's legal aid is to be available on application to the Board.

• (3) Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations—

• (a) must make provision for the conditions as to which the Board is to be satisfied before children's legal aid is to be made available,

• (b) may make provision for different conditions to be satisfied in relation to different persons.

Legal aid in contempt proceedings.

Restriction on payment and employment of solicitor or counsel.

Recovery where interim payment excessive

Contracts for the provision of children's legal assistance

Regulations in relation to criminal legal assistance.

Act not to affect certain taxations etc.

Crown application.

Proceedings before the First-tier Tribunal for Scotland

Automatic availability of criminal legal aid.

Legal aid in appeals.

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

Restriction on payment and employment of solicitor or counsel.

Regulations about contributions for criminal legal assistance

Contracts for the provision of criminal legal assistance.

Regulations in relation to criminal legal assistance.

Disposable income and capital.

Interim payments to solicitors and counsel

33ZB

• (1) A claim for interim payment may be submitted to the Board by—

• (a) a solicitor who is acting for a person by providing legal aid or advice and assistance under this Act,

• (b) counsel who is acting for a person by providing legal aid under this Act.

• (2) A claim for interim payment must—

• (a) be submitted in the manner specified by the Board,

• (b) include a declaration from the solicitor or (as the case may be) counsel that the sum claimed does not exceed the sum that the solicitor or counsel would expect to be paid under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.

• (3) If a claim for interim payment is submitted to the Board, the sum claimed must be paid out of the Fund in accordance with section 4(2)(ad) to the solicitor or counsel who submitted the claim.

• (4) But the Board may reject the claim if it appears to it that the sum claimed is likely to exceed the sum it would expect to be payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.

• (5) In forming an expectation about the sum payable under section 4(2)(a), for the purposes of subsections (2) and (4), no account is to be taken of the deduction that would be made under section 33(6) if the claim for interim payment were met.

33ZC

• (1) This section applies where—

• (a) a sum has been paid out of the Fund under section 4(2)(ad) to a solicitor or counsel while providing legal aid or advice and assistance, and

• (b) the solicitor or counsel is no longer providing the legal aid or advice and assistance.

• (2) Where the sum paid out of the Fund exceeds the sum that would, but for section 33(6), be payable under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance, the solicitor or (as the case may be) counsel is liable to the Board for the difference between the sums.

• (3) A firm is jointly and severally liable for a sum owed by a solicitor to the Board by virtue of subsection (2) if the interim payment referred to in that subsection was made to the firm on the solicitor’s instruction.

• (4) Where—

• (a) a firm is jointly and severally liable to the Board for a sum by virtue of subsection (3), and

• (b) a separate sum is due to be paid out of the Fund to the firm, on the instruction of a solicitor,

the Board may deduct all or part of the sum mentioned in paragraph (a) from the sum mentioned in paragraph (b).

• (5) This section is without prejudice to any other enactment or rule of law under which the difference between the sums mentioned in subsection (2) may be recovered.