Legal Aid (Scotland) Act 1986

Section 45.

SCHEDULE 3 S Minor and Consequential Amendments

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

1 (1) In section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for the words from “secretary” where it first occurs to “taking” there shall be substituted the words:— S

“Secretary of the Law Society of Scotland who shall send the application and any accompanying documents to a solicitor practising in the sheriff court within the jurisdiction of which that other person resides or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate, for the purposes of enabling the solicitor to take”.

(2) In section 32 of that Act—

(a) after subsection (7) there shall be inserted the following subsections—

“(7A) The Secretary of State on receiving notice under subsection (6) above shall send a copy of the registered order and of the related documents to the Secretary of the Law Society of Scotland who shall send the copy of the order and of the related documents to a solicitor practising in the registering court or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate for the purpose of enabling the solicitor to take, on behalf of the person entitled to the payments for which the order provides, such steps as appear to the solicitor appropriate to enforce the order.

(7B) Where an order is registered in the sheriff court by virtue of subsection (3) above, any provision of the order by virtue of which the payments for which the order provides are required to be made through or to any officer or person on behalf of the person entitled thereto shall be of no effect so long as the order is so registered.”;

(b) subsection (9)(e) of that section shall be omitted.

(3) In section 34(5) of that Act, for paragraph (b) there shall be substituted the following paragraph—

“(b) for subsection (3) there shall be substituted the following subsection—

(3) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the variation of a registered order, he shall, if the registering court is a sheriff court, send the application, together with any documents accompanying it, to the Secretary of the Law Society of Scotland who shall send the application and any accompanying documents to a solicitor practising in the registering court or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate, for the purpose of enabling the solicitor to take on behalf of the applicant such steps as appear to the solicitor appropriate in respect of the application.’.”.

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

(2) In subsection (1) for the words “section 2(1) and (6)(c), 3 and 4 of the Legal Aid (Scotland) Act 1967” there shall be substituted the words “sections 15 and 17 of the Legal Aid (Scotland) Act 1986”.

(3) In subsection (2) for the words “sections 2(1) and (6)(c), 3 and 4 of the said Act of 1967”, there shall be substituted the words “sections 15 and 17 of the said Act of 1986”.

(4) In subsection (3) for the words from “legal advice” to “said Act of 1972)”, where they second occur, there shall be substituted the words “advice and assistance under the said Act of 1986, shall, notwithstanding any financial conditions or requirements to make contributions imposed by sections 8 and 11 of that Act,”.

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

3 S In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) there shall be inserted (at the appropriate place in alphabetical order) the following entry—

“Chairman of the Scottish Legal Aid Board”.

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

4 S In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) there shall be inserted (at the appropriate place in alphabetical order) the following entry—

“Chairman of the Scottish Legal Aid Board”.

The Sex Discrimination Act 1975 (c.65) S

5 In section 75(4) of the Sex Discrimination Act 1975 for the words “the Legal Aid and Advice (Scotland) Acts 1967 and 1972” there shall be substituted the words “the Legal Aid (Scotland) Act 1986”.

The Race Relations Act 1976 (c.74) S

6 In section 66(6) of the Race Relations Act 1976 for the words “the Legal Aid and Advice (Scotland) Acts 1967 and 1972” there shall be substituted the words “the Legal Aid (Scotland) Act 1986”.

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

7 S In section 35(4) of the Solicitors (Scotland) Act 1980 for paragraph (b) there shall be substituted—

“(b) who is in employment to which Part V of the Legal Aid (Scotland) Act 1986 applies;”.

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

(2) In subsection (2) after the word “client” there shall be inserted the words “or against the Scottish Legal Aid Fund”.

(3) In subsection (3) after paragraph (d) there shall be inserted the following paragraph—

“(e) the Scottish Legal Aid Board.”.

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

9 S In section 9B(4) of the Tenants’ Rights, Etc. (Scotland) Act 1980 for the words “Legal Aid and Advice (Scotland) Acts 1967 and 1972 and to any provision of those Acts for payment of any sum into the legal aid fund” there shall be substituted the words “Legal Aid (Scotland) Act 1986 and to any provision of that Act for payment of any sum into the Scottish Legal Aid Fund”.