Legal Aid (Scotland) Act 1986

  1. Introductory Text

  2. Part I Scottish Legal Aid Board

    1. The Board

      1. 1. The Scottish Legal Aid Board.

      2. 2. Powers of the Board.

      3. 3. Duties of the Board.

    2. The Fund

      1. 4. Scottish Legal Aid Fund.

      2. 4A.Power of Board to make grants for certain purposes

      3. 5. Accounts and audit.

  3. Part II Advice and Assistance

    1. 6. Definitions.

    2. 7. Application of Part II.

    3. 8. Availability of advice & assistance.

    4. 8A.Criminal advice and assistance: automatic availability in certain circumstances

    5. 9. Regulations may apply Part II to representation.

    6. 10. Financial limit.

    7. 11. Clients’ contributions.

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

    9. Register of advice organisations

      1. 12A.Register of advice organisations

      2. 12B.Advice and assistance

  4. Part III Civil Legal Aid

    1. 13. Meaning of “civil legal aid”.

    2. 14. Availability of civil legal aid.

    3. 15. Financial conditions.

    4. Expenses

      1. 16. Expenses in favour of certain assisted persons.

      2. 17. Contributions, and payments out of property recovered.

      3. 18. Expenses of unassisted party.

      4. 19. Expenses out of the Fund.

      5. 20. Provisions supplementary to sections 18 and 19.

  5. Part IV Criminal Legal Aid

    1. 21. Scope and nature of criminal legal aid.

    2. 22. Automatic availability of criminal legal aid.

    3. 23. Power of the court to grant legal aid.

    4. 23A.Legal aid in solemn proceedings

    5. 24. Legal aid in summary proceedings.

    6. 25. Legal aid in appeals.

    7. 25AA. Legal aid in respect of appeals under section 303A of the 1995 Act.

    8. 25AB.Legal aid in references, appeals or applications for special leave to appeal to the Supreme Court

  6. Part IVA Criminal Legal Assistance

    1. Registration

      1. 25A. Criminal Legal Assistance Register.

    2. Code of practice

      1. 25B. Code of practice in relation to criminal legal assistance.

      2. 25C. Supervision of registered solicitors and firms.

    3. Removal of name from Register

      1. 25D. Removal of name from Register following failure to comply with code.

      2. 25E. Further provision as to removal of name from Register.

      3. 25F. Publication of Register.

  7. Part V Employment of Solicitors by the Board

    1. 26. Employment to which Part V applies.

    2. 27. Arrangements for employment to which Part V applies.

    3. 28. General provisions relating to employment to which Part V applies.

    4. 28A. Power of Board to employ solicitors to provide criminal assistance.

  8. Part VI Miscellaneous

    1. Proceedings in relation to children

      1. 29. Legal aid in respect of certain proceedings relating to children.

    2. Contempt of court

      1. 30. Legal aid in contempt proceedings.

    3. Solicitors and counsel

      1. 31. Solicitors and counsel.

      2. 32. Restriction on payment and employment of solicitor or counsel.

      3. 33. Fees and outlays of solicitors and counsel.

    4. Contracts for the provision of criminal legal assistance

      1. 33A. Contracts for the provision of criminal legal assistance.

    5. Information

      1. 34. Confidentiality of information.

      2. 35. False information etc.

      3. 35A. Power of Board to require information.

      4. 35AA.Information about legal services

    6. Power of entry

      1. 35B. Power of Board to enter premises and investigate.

    7. Suspension of payments to solicitor

      1. 35C. Suspension of payments to solicitor.

    8. Regulations and rules of court

      1. 36. Regulations.

      2. 37. Parliamentary procedure.

      3. 38. Rules of court.

    9. Rights of indemnity

      1. 39. Adaptation of rights to indemnity.

    10. General

      1. 40. Finance.

      2. 41. Interpretation.

      3. 41A. Regulations in relation to criminal legal assistance.

      4. 42. Disposable income and capital.

      5. 43. Act not to affect certain taxations etc.

      6. 43A. Applications of Act to services provided under Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

      7. 44. Crown application.

      8. 45. Amendments, transitional provisions, savings and repeals.

      9. 46. Short title, commencement and extent.

  9. SCHEDULES

    1. SCHEDULE 1

      The Scottish Legal Aid Board

      1. Incorporation and Status

        1. 1.The Board shall be a body corporate with a common...

        2. 2.(1) The Board is not an emanation of the Crown...

      2. Tenure of Members

        1. 3.Subject to paragraphs 4 and 5 below any member of...

        2. 4.(1) The chairman or a member may resign office by...

        3. 5.The Secretary of State may terminate the appointment of a...

      3. Remuneration of members

        1. 6.(1) The Board may— (a) pay to its members such...

      4. Staff

        1. 7.(1) The Board shall, after consultation with, and subject to...

        2. 8.(1) Subject to paragraph 9 below, the Board may appoint,...

        3. 9.(1) The Board shall, not later than such date as...

        4. 10.(1) Where a person becomes an employee of the Board...

        5. 11.(1) Any dispute as to whether an offer under sub-paragraph...

      5. Proceedings

        1. 12.(1) Subject to anything in regulations made by the Secretary...

      6. Allowances

        1. 13.The Board may pay to each of its members and...

      7. Instruments

        1. 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. Board not dominus litis

        1. 15.Nothing done by the Board for the purpose of securing...

    2. SCHEDULE 1A

      Further provision in relation to the Register of Advice organisations

      1. Register of advice organisations

        1. 1.(1) An organisation which satisfies the Board that it complies...

      2. Applications

        1. 2.(1) An application for entry on the register of advice...

      3. Further provision on applications

        1. 3.(1) In determining any application for entry on the register...

      4. Adviser code

        1. 4.(1) The Board shall prepare a code of practice (an...

      5. Monitoring

        1. 5.The Board is to monitor— (a) the provision of advice...

      6. Removal of name from the register of advice organisations

        1. 6.(1) Where it appears to the Board (whether or not...

      7. Appeals

        1. 7.(1) A decision by the Board to refuse an application...

    3. SCHEDULE 2

      1. Part I Courts in which Civil Legal Aid is Available

        1. 1.Civil legal aid shall be available in relation to civil...

        2. 2.For the purposes of section 13 of this Act, proceedings...

        3. 3.Proceedings for judicial review before the Upper Tribunal

      2. Part II Excepted Proceedings

        1. 1.Subject to section 14(1C) and paragraph 2 below, civil legal...

        2. 2.The making of a counterclaim for defamation or verbal injury...

        3. 3.Civil legal aid shall not be available in relation to...

        4. 4.Subject to paragraph 5 below, civil legal aid shall not...

        5. 5.Nothing in paragraph 4 above shall preclude any third party...

    4. SCHEDULE 3

      Minor and Consequential Amendments

      1. The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)

        1. 1.(1) In section 31(1) of the Maintenance Orders (Reciprocal Enforcement)...

        2. 2.(1) Section 43A of that Act shall be amended as...

      2. The House of Commons Disqualification Act 1975 (c.24)

        1. 3.In Part III of Schedule 1 to the House of...

      3. The Northern Ireland Assembly Disqualification Act 1975 (c.25)

        1. 4.In Part III of Schedule 1 to the Northern Ireland...

      4. The Sex Discrimination Act 1975 (c.65)

        1. 5.In section 75(4) of the Sex Discrimination Act 1975 for...

      5. The Race Relations Act 1976 (c.74)

        1. 6.In section 66(6) of the Race Relations Act 1976 for...

      6. The Solicitors (Scotland) Act 1980 (c.46)

        1. 7.In section 35(4) of the Solicitors (Scotland) Act 1980 for...

        2. 8.(1) Section 51 of that Act shall be amended as...

      7. The Tenants’ Rights, Etc. (Scotland) Act 1980 (c.52)

        1. 9.In section 9B(4) of the Tenants’ Rights, Etc. (Scotland) Act...

    5. SCHEDULE 4

      Transitional Provisions and Savings

      1. The Legal Aid (Scotland) fund

        1. 1.(1) On the appointed day the Legal Aid (Scotland) Fund...

      2. Rights, obligations and property

        1. 2.Subject to paragraph 1 above, on the appointed day all...

      3. Legal aid and advice and assistance

        1. 3.(1) Nothing in this Act shall affect any legal aid...

        2. 4.(1) Any application for legal aid duly made under the...

      4. Pensions

        1. 5.Any arrangements made by the Law Society under section 12...

      5. General

        1. 6.(1) In this Schedule “the appointed day” means the day...

    6. Schedule 5

      Repeals