41 Interpretation.S
In this Act, unless the context otherwise requires—
“advice and assistance” has the meaning given to it in section 6(1) of this Act;
“assistance by way of representation” has the meaning given to it in section 6(1) of this Act;
“the Board” has the meaning given to it in section 1(1) of this Act;
“civil legal aid” has the meaning given to it in section 13(2) of this Act;
[F1“the code” means the code of practice in relation to criminal legal assistance for the time being in force under section 25B of this Act;]
“criminal legal aid” has the meaning given to it in section 21(1) of this Act;
[F2“criminal legal assistance” means criminal legal aid and advice and assistance in relation to criminal matters;
“document” includes information recorded in any form;
“firm” includes an incorporated practice, a sole solicitor and a law centre;]
“the Fund” has the meaning given to it in section 4(1) of this Act;
“incorporated practice” has the same meaning as in the M1Solicitors’ (Scotland) Act 1980;
[F3“law centre” means a body—
(a)established for the purpose of providing legal services to the public generally as well as to individual members of the public; and
(b)which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;]
“the Law Society” means the Law Society of Scotland;
“legal aid” means civil legal aid, criminal legal aid, or legal aid given in connection with proceedings for contempt of court or proceedings under [F4Chapter 2 or Chapter 3 of Part II of the Children (Scotland) Act 1995];
“person”
[F5(a)]does not include a body corporate or unincorporate, except where such body is acting in a representative, fiduciary or official capacity, so as to authorise legal aid or adive and assistance to be provided to such a body [F6; and
(b)includes a person under the age of sixteen years.]
[F7“the Register” means the Register established and maintained under section 25A of this Act;
“registered firm” means a firm whose name appears on the Register;
“registered solicitor” means a solicitor whose name appears on the Register;
“sole solicitor” means a solicitor practising under his own name or as a single solicitor under a firm name; and
“solicitor connected with a firm” includes a sole solicitor and a solicitor who is a partner, director or employee of a firm, and cognate expressions shall be construed accordingly.]
Textual Amendments
F1 Definition in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(a); S.I. 1997/2323, art. 6(2)
F2 Definitions in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(b); S.I. 1997/2323, art. 6(2)
F3 Definition in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(c); S.I. 1997/2323, art. 6(2)
F4 Words in s. 41 substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 40(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)
F5 S. 41: in the definition of "person" the existing words become para. (a) (1.11.1995) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 40(b) (with s. 103(1)); S.I. 1995/2787, art. 3, Sch.
F6 S. 41: in the definition of "person", para. (b) and preceding word added (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 40(b) (with s. 103(1)); S.I. 1995/2787, art. 3, Sch.
F7 Definitions in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(d); S.I. 1997/2323, art. 6(2)
Marginal Citations