The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

[^key-bf96329d9616394f29350418214aba98]: Words in reg. 2(1) inserted (15.1.2001) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/399), regs. 1(1), 3(b)

[^key-b02a5113b6e67c9700f19c825efe54e5]: Full stop in reg. 16(2)(j) omitted (15.1.2001) by virtue of The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/399), regs. 1(1), 4(c)

[^key-b843fef16984e8d25058e5143416360e]: Reg. 16(2)(k) inserted (15.1.2001) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/399), regs. 1(1), 4(c)

[^key-b8da072b4ee8a8166e51663fb206f8b0]: Words in reg. 16(2) inserted (1.12.2002) by virtue of The Advice and Assistance (Scotland) Amendment Regulations 2002 (S.S.I. 2002/495), regs. 1, 2(b)

[^key-2dcb1a6fd1dde3f810669e82d7dfdfd4]: Reg. 7(2) substituted (6.4.2003) by The Advice and Assistance (Scotland) Amendment Regulations 2003 (S.S.I. 2003/163), regs. 1, 4 (with reg. 2)

[^key-c4094bca2b155cf21c7c830bf7841aa4]: Sch. 2 para. 5(d) inserted (6.4.2003) by The Advice and Assistance (Scotland) Amendment Regulations 2003 (S.S.I. 2003/163), regs. 1, 6 (with reg. 2)

[^key-3dfc828c26ccc81fc0e32e31b97ca067]: Words in reg. 2(1) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 4 (with reg. 2)

[^key-59b69a1189c7020daa7defcc545f4294]: Reg. 6(1) substituted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 5 (with reg. 2)

[^key-3be91acc2ddbbababf0aa8c71744401b]: Reg. 7(3) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 6 (with reg. 2)

[^key-c4614f6300da99d88161f7d18af0aae6]: Words in Sch. 2 para. 5(d) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 7 (with reg. 2)

[^key-1fb4de32e70a0bbea9957af42629f176]: Reg. 15A inserted (4.12.2004) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (S.S.I. 2004/492), regs. 1, 5

[^key-4c5e9b4388f6d13531ebce92f1988e45]: Reg. 8 substituted (4.12.2004) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (S.S.I. 2004/492), regs. 1, 3

[^key-b659de24a0e93f6e2414f6f115b708f9]: Reg. 10 substituted (4.12.2004) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (S.S.I. 2004/492), regs. 1, 4

[^key-fe0d1609f3e59c1024d82b95a6c6849a]: Reg. 21(1) substituted (4.12.2004) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (S.S.I. 2004/492), regs. 1, 6(a)

[^key-7e5551027ab2da1a233b9da0540a5db5]: Reg. 21(3) inserted (4.12.2004) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2004 (S.S.I. 2004/492), regs. 1, 6(b)

[^key-3ecb1ee18d176607ae4ea3eefdac0e45]: Sch. 3 substituted (30.4.2005) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/171), reg. 1, sch. (with reg. 2)

[^key-e3df3c5669c74b64184a8381d3c88c39]: Reg. 7(4) inserted (1.7.2005) by The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2005 (S.S.I. 2005/339), regs. 1, 3(2) (with reg. 2)

[^key-9160e68288ec8f3f2b4b5dbeac853c69]: Words in reg. 6(1)(b) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, sch. para. 24

[^key-a1cbcc70648f05e7142c16a2016be9d1]: Regs. 8A, 8B inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 5 (with reg. 2)

[^key-deb4359ed09d646a8f61909947e49d60]: Words in reg. 2(1) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 4 (with reg. 2)

[^key-5866f2a912b0a7a973af7afc5086ca15]: Reg. 13(3)-(5) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 6 (with reg. 2)

[^key-cfd8766b46d00b7cba3a63576c0e5e0d]: Reg. 18(3A) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 8 (with reg. 2)

[^M_F_e8f337a0-c729-4d2b-ee9a-536826e506f2]: Words in Sch. 3 Pt. 2 para. 3(1) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 9(a) (with reg. 2)

[^M_F_41f71933-a6a4-436f-8cb8-972835b1dff3]: Sch. 3 Pt. 2 para. 3(2) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 9(b) (with reg. 2)

[^key-d15f9ef6ad5b7cbfc6cf019c2236a7c5]: Reg. 8C inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(2) (with reg. 1(2))

[^key-a9e327e51c1f58952c38e08ff7123182]: Reg. 14A inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(4) (with reg. 1(2))

[^key-4956303c3e96bc48194ecdf640b85404]: Sch. 2 para. 2A inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(7)(b) (with reg. 1(2))

[^key-53954ac6fcb963fbb851c6196fad3268]: Words in reg. 13(3) inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(3)(a) (with reg. 1(2))

[^key-7f2e28788cff0cf6c0544d190ee74eb6]: Reg. 13(6)(7) added (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(3)(b) (with reg. 1(2))

[^key-17548e2258091a704b6c4b2568e64101]: Words in reg. 15A(1) inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(5) (with reg. 1(2))

[^key-bd0ede556826f2aa4a71ca4dae690c11]: Reg. 17(3)-(5) added (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(6) (with reg. 1(2))

[^key-71c980959c811398161ab382cc76e4f0]: Word in Sch. 3 Pt. 2 para. 1 substituted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(9)(a) (with reg. 1(2))

[^key-5df7f633ab18918ddebad44bcb828e0f]: Sch. 3 Pt. 2 para. 2 omitted (30.6.2008) by virtue of The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(9)(c) (with reg. 1(2))

[^key-f8b759ea54d01f5267eef74d14167cc2]: Words in reg. 2 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(2)(a)

[^key-f4f93762e3ee88a0137f67c066afece5]: Words in reg. 2 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(2)(b)

[^key-74e3b4167914f9bf7c47804a73110612]: Words in reg. 4(a) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(3)

[^key-d663c58813f4d78e2985c5478b70d1a5]: Words in reg. 16(2)(c) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(4)(b)

[^key-a9ab511a0a87e7bf09fc169d98eb13ed]: Sch. 2 para. 5(k) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(5)

[^key-3f6e278c5f5ca2d542b1066240339c69]: Words in reg. 16(2)(a)(v) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(4)(a)

[^key-f68434934545fd4540e4fb32547d3c6e]: Words in reg. 16(2)(l) omitted (9.6.2010) by virtue of The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 1) (Scotland) Regulations 2010 (S.S.I. 2010/166), regs. 1, 5(a) (with reg. 2)

[^key-856778d230a15fb1491cd5ebb6890a65]: Reg. 16(2)(m) inserted (9.6.2010) by The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 1) (Scotland) Regulations 2010 (S.S.I. 2010/166), regs. 1, 5(b) (with reg. 2)

[^key-a7379f51b04d4bae85cad0957873f193]: Reg. 22 inserted (31.1.2011) by The Advice and Assistance (Scotland) Amendment Regulations 2010 (S.S.I. 2010/462), regs. 1, 4 (with reg. 2(1))

[^key-19d752ff735a2d3f28a2078b81af7f21]: Sch. 2 para. 4A inserted (31.1.2011) by The Advice and Assistance (Scotland) Amendment Regulations 2010 (S.S.I. 2010/462), regs. 1, 5(c) (with reg. 2(2))

[^key-014e0dee5897cd12228163111d24d991]: Sch. 2 para. 2 omitted (31.1.2011) by virtue of The Advice and Assistance (Scotland) Amendment Regulations 2010 (S.S.I. 2010/462), regs. 1, 5(a) (with reg. 2(2))

[^key-2b38c145ad547cbfbc90813aad8444bb]: Words in Sch. 2 para. 2A(1) omitted (31.1.2011) by virtue of The Advice and Assistance (Scotland) Amendment Regulations 2010 (S.S.I. 2010/462), regs. 1, 5(b) (with reg. 2(2))

[^key-ba049c01490bc2650c0cff3e086781b7]: Reg. 2A inserted (1.4.2011) by The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (S.S.I. 2011/161), regs. 1, 2(2)

[^key-478decb984794e50e46e085179b4feaf]: Words in reg. 13(2) omitted (1.4.2011) by virtue of The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (S.S.I. 2011/161), regs. 1, 2(3)

[^key-b19a623b4588dd1503b5261f8287e5fc]: Reg. 16(2)(a)(iv) omitted (1.4.2011) by virtue of The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (S.S.I. 2011/134), regs. 1, 3(a) (with reg. 2)

[^key-a51fb9ce84a48945328bc078c7003897]: Reg. 16(2)(b) omitted (1.4.2011) by virtue of The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (S.S.I. 2011/134), regs. 1, 3(a) (with reg. 2)

[^key-be3908a5e22d7d9cad4845cdd4091c18]: Reg. 16(2)(g) omitted (1.4.2011) by virtue of The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (S.S.I. 2011/134), regs. 1, 3(a) (with reg. 2)

[^key-10b73b3a4ce9a2512b54174641c64394]: Reg. 16(2)(k) omitted (1.4.2011) by virtue of The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (S.S.I. 2011/134), regs. 1, 3(a) (with reg. 2)

[^key-3ac8a9fc3f883aa17acfccf04ae466da]: Word in reg. 16(2)(h) omitted (1.4.2011) by virtue of The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 (S.S.I. 2011/134), regs. 1, 3(b) (with reg. 2)

[^key-9403c3a712c069cdc2984c4f14b69d92]: Words in reg. 16(2)(c) inserted (8.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/65), art. 1, reg. 4

[^key-1b7ee19784a215ab98b3dcc6ef35680c]: Words in reg. 4(a) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 9(2)

[^key-e9b67b19911f0f71f0d0248f67358c49]: Reg. 16(2)(a)(xi) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 9(3)

[^key-2797bb811e486cdf816ca67ff7c9f609]: Sch. 2 para. 5(d)(l) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 9(4)

[^key-4db0d7c64464683ce934a044bcb26376]: Words in reg. 2(1) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(2)

[^key-50fd9df0cad350fcd16d251872689217]: Words in reg. 16(2)(a)(vii) substituted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(3)(a)

[^key-77f2e33f990119dbb42cb97896c6cd90]: Words in reg. 16(2)(c) omitted (11.6.2013) by virtue of The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(3)(b)

[^key-04270f9c1cdb4fcc4c8b31ea732ffaef]: Reg. 16(2)(ca) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(3)(c)

[^key-82f3e4ec7fba5e688df8810841a89f9a]: Sch. 2 para. 5(bb) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(4)(a)

[^key-1cf3585268428bab4ca96938d2da986f]: Sch. 2 para. 5(d)(aa)(ab) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(4)(b)

[^key-e26d459ba7d66037f49b4ed7f7650a27]: Words in reg. 2(1) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(2)(a)

[^key-44050e0f05b1d066950789d7d27e80f6]: Words in reg. 2(1) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(2)(c)

[^key-b067e4219ee2d289f887436217e35938]: Word in reg. 6(1)(b) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(3)(a)

[^key-20d3c878b2d1cd95eabbac2258d54e38]: Reg. 6(1)(c) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(3)(b)

[^key-2d7e1fbec39937ec84bfaf6f54275177]: Sch. 2 para. 4A(4) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(4)

[^key-1dedc144e1d50176c0c3043f95721e8f]: Words in Sch. 3 Pt. 1 para. 1 inserted (24.6.2013) by The Children’s Legal Assistance (Fees) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/144), regs. 1, 2(2)(a)

[^key-e17f474fe7defc1dbcc1290f3145e933]: Words in Sch. 3 Pt. 2 para. 1 inserted (24.6.2013) by The Children’s Legal Assistance (Fees) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/144), regs. 1, 2(3)

[^key-2d6dbaec7531ac0fb2046847c153b286]: Words in reg. 16(2)(c) substituted (31.10.2013) by The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/250), regs. 1(1), 2(2) (with reg. 1(2)(a))

[^key-e02608d1086159b6300c82014b814ed5]: Words in reg. 16(2)(i) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3)

[^key-1244f1669a8552abbd74994452098a65]: Words in Sch. 2 para. 5(ba) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3)

[^key-415c68034f766b1092ecea28ca8ea693]: Sch. 3 Pt. 1 para. 1A inserted (10.11.2014) by The Legal Aid and Assistance By Way of Representation (Fees for Time at Court and Travelling) (Scotland) Regulations 2014 (S.S.I. 2014/257), regs. 1(1), 2 (with reg. 1(2))

[^key-99fcd262aedacf8802d9ccdfc445ac23]: Reg. 17(4A)(4B) inserted (13.9.2017) by The Advice and Assistance (Proceedings for Recovery of Documents) (Scotland) Regulations 2017 (S.S.I. 2017/291), regs. 1, 4(2) (with reg. 2(1))

[^key-7c37e4a744a855dcb6f4897f53fff85c]: Sch. 3 Pts. 3, 4 inserted (25.1.2018) by The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/466), regs. 1, 5(5)(b)

[^key-5afb2dce587c113d7505dc54d5068801]: Reg. 14A(4) inserted (25.1.2018) by The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/466), regs. 1, 5(3)

[^key-bbaf859c23b7d41d455f57f493e4f4bf]: Reg. 17(1A) inserted (25.1.2018) by The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/466), regs. 1, 5(4)

[^key-87374c2b89fcfa1f34f1c2c75f05ee68]: Reg. 16A 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-55ee2dc04e5307c56b32986a6670a73b]: Words in reg. 2(1) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(2)(a)

[^key-e24e57237bf813fbc468bedbb9f6ec56]: Words in reg. 2(1) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(2)(b)

[^key-bad641b6493f4d84666d32d66ba53432]: Reg. 16(2)(a)(xii)-(xiv) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(3)

[^key-4a7424627245dc5046443cebf0c4cd8c]: Word in Sch. 2 para. 5(ba) omitted (5.2.2021) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(a)

[^key-b10e85c6561e1f2e435dc6252cfbde78]: Sch. 2 para. 5(bc) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(b)

[^key-d5adeb3f262f64833370798be203e943]: Sch. 2 para. 5(d)(m) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(4)(c)

[^key-d82294f2d9fe99da7e842f76180c6d9b]: Sch. 3 Pts. 5, 6 inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(5)

[^key-43843c3c8671a29ea6fca3f10e78d6b4]: Reg. 4A substituted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(2)

[^key-ce661fe69aadc3c63d204657248a8024]: Words in reg. 14A(4) inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(3)

[^key-f84aa5520f3b24cef7a10dee44571bad]: Reg. 17(1A)(c)(d) inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(4)

[^key-809b59217109e9e836af729bfb6840b4]: Sch. 3 Pt. 3 Table substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), reg. 1, sch. 14 (with reg. 2(4))

[^key-0a1284ad25b57b5eb45a294310f185d2]: Sum in Sch. 3 Pt. 5 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(6)(a) (with reg. 2(4))

[^key-fb5c2ee29b11a61f1dfc7b880631f752]: Sum in Sch. 3 Pt. 5 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(6)(b) (with reg. 2(4))

[^key-eacc6ad2d52b1a6b744358d84d7b6684]: Sum in Sch. 3 Pt. 5 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(6)(c) (with reg. 2(4))

[^key-801fd32754d40465b1d2acf2947b0f60]: Sum in Sch. 3 Pt. 4 para. 3 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(a) (with reg. 2(1))

[^key-c3e66b0d8cbc2ff51706934b54f08b0d]: Sum in Sch. 3 Pt. 4 para. 3 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(b) (with reg. 2(1))

[^key-dc2506d62add9d785ac0b00fd058c6b3]: Sum in Sch. 3 Pt. 4 para. 4(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(c) (with reg. 2(1))

[^key-15fcc13ed7bd6438a2ee316c98ee4116]: Sum in Sch. 3 Pt. 4 para. 4(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(d) (with reg. 2(1))

[^key-0475f3517bc4d5794c332baee3c78dcd]: Sum in Sch. 3 Pt. 4 para. 4(b)(i) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(e) (with reg. 2(1))

[^key-5e90215eb730472523c24a49a8dd4cc4]: Sum in Sch. 3 Pt. 4 para. 4(b)(i) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(f) (with reg. 2(1))

[^key-c0f0247437702c37f6390c8e2176459e]: Sum in Sch. 3 Pt. 4 para. 4(b)(ii) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(g) (with reg. 2(1))

[^key-7d7d85c1e47bb545a94f09b19d8271ff]: Sum in Sch. 3 Pt. 4 para. 4(b)(ii) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(h) (with reg. 2(1))

[^key-752b0f926b685f63eaf9836de62ff679]: Sum in Sch. 3 Pt. 4 para. 5 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(i) (with reg. 2(1))

[^key-f7aff7910b1291b1ad33b6ae63c73d9b]: Sum in Sch. 3 Pt. 4 para. 5 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(j) (with reg. 2(1))

[^key-9779d260669489749e571c87fdcf6ce4]: Sum in Sch. 3 Pt. 4 para. 6 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(k) (with reg. 2(1))

[^key-098c60bcfb633f00757c55e5399403e9]: Sum in Sch. 3 Pt. 4 para. 6 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(5)(l) (with reg. 2(1))

[^key-440311c4296f932eed404e0b24820280]: Sum in Sch. 3 Pt. 6 para. 3(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(a) (with reg. 2(1))

[^key-561aef23e49432e74aa4ec6d0ffba2ac]: Sum in Sch. 3 Pt. 6 para. 3(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(b) (with reg. 2(1))

[^key-c3dd90110084903a2571334ab72ffced]: Sum in Sch. 3 Pt. 6 para. 3(b)(i) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(c) (with reg. 2(1))

[^key-39536eb5ec31e47aef948e7f04aa7207]: Sum in Sch. 3 Pt. 6 para. 3(b)(i) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(d) (with reg. 2(1))

[^key-fa5c13e05fee41e31666f31a3cafb539]: Sum in Sch. 3 Pt. 6 para. 3(b)(ii) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(e) (with reg. 2(1))

[^key-197e28e4df93e39723016e6e8a632526]: Sum in Sch. 3 Pt. 6 para. 3(b)(ii) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(f) (with reg. 2(1))

[^key-c781b4daf1f1961ae3733138c5e8db16]: Sum in Sch. 3 Pt. 6 para. 4 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(g) (with reg. 2(1))

[^key-64e49c3aee59b0326802aed67d18c906]: Sum in Sch. 3 Pt. 6 para. 4 substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(h) (with reg. 2(1))

[^key-c80b47a18ba94e293755af3bc779a061]: Sum in Sch. 3 Pt. 6 para. 5(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(i) (with reg. 2(1))

[^key-0fdfec8c9afa08cb164a64cd41554a3f]: Sum in Sch. 3 Pt. 6 para. 5(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(j) (with reg. 2(1))

[^key-7aa3011f6c1b3a3db02abd05f16b3fe8]: Sum in Sch. 3 Pt. 6 para. 5(b) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(k) (with reg. 2(1))

[^key-2f2497d7d383eca337ac50b7d03e82ba]: Sum in Sch. 3 Pt. 6 para. 5(b) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(7)(l) (with reg. 2(1))

[^key-89f817f74e20003d0ad261aa20d867f9]: Sch. 3 Pt. 1 para. 1 Table substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), reg. 1, sch. 12 (with reg. 2(1))

[^key-d2a630c65e41712b7f8410b14a01b25e]: Sum in Sch. 3 Pt. 1 para. 3(a) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(2)(b)(i) (with reg. 2(1))

[^key-e5059dc8b77d303e82dfe1a7780d0f86]: Sum in Sch. 3 Pt. 1 para. 3(b) substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), regs. 1, 6(2)(b)(ii) (with reg. 2(1))

[^key-b1c8d366ec58035c7153f728c92cae6d]: Sch. 3 Pt. 2 para. 1 Table substituted (22.3.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/56), reg. 1, sch. 13 (with reg. 2(1))

[^key-fdb0c5f8cc00361e0831a7863d648241]: Reg. 16(2)(cb) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 4(2) (with reg. 19)

[^key-142810b5e82c01b98adb49eb1d33ce4d]: Sch. 2 para. 5(d)(aza)(azb) inserted (26.7.2021) by The Disability Assistance for Children and Young People (Consequential Amendment and Transitional Provision) (Scotland) Regulations 2021 (S.S.I. 2021/73), regs. 1, 4(3) (with reg. 19)

[^key-926f55618d4f23641b47d0ce4e69d270]: Words in Sch. 3 Pt. 1 Table 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), 5(3)

[^key-6044d652d3079c5b2b67e55c0729fa01]: Words in reg. 2(1) substituted (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), 5(2)(a)

Applicant for advice and assistance having other rights and facilities

Supply of information by clients

15A

• (1) A client who is receiving or has been in receipt of advice and assistance in relation to a civil matter shall supply to the Board such information or documents as the Board may require for the purposes of performing its functions under the Act.

• (2) Where a client who is receiving or has been in receipt of advice and assistance fails to comply with a requirement under paragraph (1) above the Board shall have the right to recover from that client any amount paid out of the Fund in respect of the fees and outlays of any solicitor who has provided advice and assistance to that client.

Payment of fees and outlays from property recovered or preserved

Fees and outlays of solicitors

Assessment and taxation of fees and outlays

Client’s right to require taxation

Fees and outlays recoverable from a third party

Right of Board to recover sums paid out of the Fund

Petition by debtor for sequestration

Civil Advice and Assistance

8A

• (1) Where a solicitor approves an application for advice and assistance in relation to a civil matter under Part II of the Act, the solicitor shall determine whether or not the advice and assistance relates to a distinct matter.

• (2) Subject to paragraphs (3) and (4), an application for advice and assistance relates to a distinct matter if the subject matter of the application is determined by the Board, in accordance with guidance issued by it, to be treated as distinct.

• (3) Any determination by the Board as to the matters which are or are not to be treated as distinct matters may only be made following consultation with the Law Society.

• (4) Where a matter has been determined by the Board to be 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(a).

• (5) Where the subject matter to which the advice and assistance relates is a distinct matter the solicitor may approve one application for advice and assistance which shall include–

• (a) all distinct matters reasonably ancillary thereto; and

• (b) all matters reasonably ancillary thereto which are not distinct.

8B

• (1) Where the subject matter to which the advice and assistance relates is not distinct, the solicitor shall give advice and assistance to the client by way of a diagnostic interview.

• (2) Where a client has more than one subject matter upon which he seeks advice and assistance, none of which is distinct, the solicitor may approve one application for advice and assistance for all such matters.

• (3) Where a solicitor, having approved and proceeded to provide advice and assistance by way of a diagnostic interview, considers that a subject matter which is not distinct should be treated as if it were so, then he may make application to the Board for the subject matter to be so treated.

• (4) On receipt of an application under paragraph (3), the Board shall–

• (a) determine that the subject matter should be so treated; or

• (b) reject the application,

as the Board thinks fit.

• (5) Where a client has more than one subject matter upon which he seeks advice and assistance and the advice and assistance relates to both distinct matters and matters which are not distinct and which are not reasonably ancillary to the distinct matters then the solicitor shall keep a separate record of the advice and assistance given by way of a diagnostic interview.

Determination and collection of contributions

Applicant for advice and assistance having other rights and facilities

Notice to the Board on acceptance of application

Authority to exceed financial limit

Giving of advice and assistance on the same matter

Procedure on withdrawal from giving advice and assistance

Supply of information by solicitors

Supply of information by clients

Payment of fees and outlays from property recovered or preserved

Fees and outlays of solicitors

Assessment and taxation of fees and outlays

Client’s right to require taxation

Fees and outlays recoverable from a third party

Right of Board to recover sums paid out of the Fund

Information to be recorded in criminal matters

8C

Where advice and assistance is given in relation to a criminal matter, the solicitor must record–

• (a) whether the matter is one as regards which–

• (i) a complaint has been served;

• (ii) a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 1995;

• (iii) liability for another non-court penalty has arisen;

• (b) if not such a matter, a note of the details of the event to which the advice and assistance relates;

• (c) a summary of the nature and content of the advice and assistance;

• (d) any relevant case or other reference number.

Determination and collection of contributions

Applicant for advice and assistance having other rights and facilities

Notice to the Board on acceptance of application

Authority to exceed financial limit

Giving of advice and assistance on the same matter

Procedure on withdrawal from giving advice and assistance

Change of solicitor etc.

14A

• (1) Where the solicitor who is providing assistance by way of representation in relation to a summary criminal matter has been required by the client to cease to act (other than where paragraph (2) below applies), the solicitor is to–

• (a) notify the Board of that fact; and

• (b) provide it with a statement of the circumstances so far as known to the solicitor.

• (2) Where a client who is being provided assistance by way of representation in relation to a summary criminal matter wishes to have it provided by a different solicitor, the client is to–

• (a) apply to the Board for authority to have that solicitor provide the assistance; and

• (b) inform it of any reason for the application.

• (3) The Board may grant an application under paragraph (2) above if it is satisfied that there is a good reason for the application.

• (4) This regulation does not apply to proceedings under sections 19, 30 or 36(1)(a) of the Criminal Justice (Scotland) Act 2016 , or paragraphs 29 or 36 of schedule 8 of the Terrorism Act 2000.

Supply of information by solicitors

Supply of information by clients

Payment of fees and outlays from property recovered or preserved

Fees and outlays of solicitors

Assessment and taxation of fees and outlays

Client’s right to require taxation

Fees and outlays recoverable from a third party

Right of Board to recover sums paid out of the Fund

2A

• (1) Any question arising under this Schedule ... is to be decided by the solicitor in accordance with paragraphs (2) and (3) below.

• (2) The solicitor must, for the purpose of ascertaining the capital and income of the person concerned–

• (a) so far as necessary and practicable, obtain from that person financial or other documentation; and

• (b) take such other reasonable steps as are necessary.

• (3) The solicitor must have regard to any guidance issued by the Board regarding the application of this Schedule.

Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters

22

• (1) Paragraph (3) applies where the Board finds that the provision of advice and assistance (other than advice and assistance in relation to criminal matters)—

• (a) was not (wholly or partly) in accordance with the relevant rules applying by virtue of the Legal Aid (Scotland) Act 1986; or

• (b) was otherwise unjustified in the circumstances of the case (including by reason of inadequate assessment or verification of any relevant factor).

• (2) In considering whether or not the provision of advice and assistance was in accordance with the relevant rules, the Board may have regard to any guidance it has issued in relation to the application of those rules.

• (3) The Board may—

• (a) withhold (wholly) payment from the Fund in respect of the advice and assistance provided; or

• (b) if such payment has been made, fully recover it.

4A

• (1) Subject to sub-paragraph (3), if the person concerned is a child the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985 are to be treated as part of the child’s own resources.

• (2) In sub-paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

• (3) Sub-paragraph (1) applies only—

• (i) in respect of advice and assistance in relation to non-criminal matters; and

• (ii) if its application in the particular circumstances would not be unjust or inequitable.

• (4) This paragraph does not apply to assistance by way of representation in relation to hearings or proceedings under the 2011 Act.

Manner of applications etc.

2A

• (1) Any application to the Board under regulations 8B(3), 12(1), 13, 14A(2) and 16(3) shall be made in such form as the Board may require, which may include an online form.

• (2) Any statement, information, document, notification, notice or other correspondence, including any copies which require to be sent, given, supplied, or otherwise provided to the Board under regulations 11, 14, 14A(1), 15 and 15A(1) shall be in such form as the Board may require, which may include an online form.

Revocations and savings

Applications for advice and assistance

Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982

Applications on behalf of others

Determination of disposable income or disposable capital

Giving of advice and assistance by solicitor

Civil Advice and Assistance

Information to be recorded in criminal matters

Determination and collection of contributions

Applicant for advice and assistance having other rights and facilities

Notice to the Board on acceptance of application

Authority to exceed financial limit

Giving of advice and assistance on the same matter

Procedure on withdrawal from giving advice and assistance

Change of solicitor etc.

Supply of information by solicitors

Supply of information by clients

Payment of fees and outlays from property recovered or preserved

Fees and outlays of solicitors

Assessment and taxation of fees and outlays

Client’s right to require taxation

Fees and outlays recoverable from a third party

Right of Board to recover sums paid out of the Fund

Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters

Calculation of fees for time at court and travelling