- Latest available (Revised)
- Point in Time (30/03/2022)
- Original (As enacted)
Version Superseded: 01/10/2022
Point in time view as at 30/03/2022.
There are currently no known outstanding effects for the Coronavirus (Scotland) Act 2020, Paragraph 22.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
22(1)The Legal Aid (Scotland) Act 1986 applies in accordance with the modification in this paragraph.S
(2)Section 33 (fees and outlays of solicitors and counsel) has effect as if after subsection (9) (inserted by paragraph 21) there were inserted—
“(10)Subsection (11) applies where—
(a)a sum is paid out of the Fund after the day on which paragraph 22 of schedule 4 of the Coronavirus (Scotland) Act 2020 comes into force (the “interim payment”) in respect of fees or outlays incurred by a solicitor in connection with—
(i)the provision of legal aid by the solicitor prior to the completion of the proceedings for which the legal aid was granted, or
(ii)the provision of advice and assistance by the solicitor to a person while the advice and assistance is being provided by the solicitor to the person,
(b)on the instruction of the solicitor, the interim payment is paid by the Board to the firm of the solicitor, and
(c)on the completion of the proceedings for which the legal aid was granted (or, as the case may be, on the cessation of the advice and assistance by the solicitor to the person), the Board determines that the interim payment exceeds the sum payable out of the Fund to the solicitor under subsection (1) in connection with the provision of the legal aid (or the advice and assistance) by the solicitor.
(11)The firm of the solicitor is jointly and severally liable with the solicitor for the repayment to the Fund of the excess mentioned in subsection (10)(c).
(12)Subsection (13) applies where—
(a)a firm is jointly and severally liable for the repayment of a sum to the Fund under subsection (11) (the “repayment amount”),
(b)the repayment amount has not been repaid to the Fund,
(c)a separate sum is due to be paid out of the Fund to any solicitor of the firm (the “amount payable”), and
(d)the solicitor has instructed the Board to pay the amount payable to the firm.
(13)The Board may deduct all or part of the repayment amount from the amount payable.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: