The Civil Legal Aid (Scotland) Regulations 1987

Employment of counsel and expert witnesses

21.—(1) Subject to paragraph (2) below, the prior approval of the Board shall be required–

(a)for the employment in the House of Lords of counsel other than Scottish counsel;

(b)for the employment in the Court of Session of senior counsel or of more than one junior counsel;

(c)for the employment of counsel in the sheriff court, the Scottish Land Court, the Lands Tribunal for Scotland or the Employment Appeal Tribunal; and

(d)for the employment of any expert witness.

(2) Paragraph (1) above shall not apply where the Board, on an application made to it for retrospective approval for the employment of counsel or, as the case may be, of an expert witness, considers that that employment would have been approved by them and that there was special reason why prior approval was not applied for.