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21.—(1) Subject to paragraph (2), the prior approval of the Board is required—
(a)where the proceedings are in the Court of Session, for the employment of senior counsel or of more than one junior counsel;
(b)where the proceedings are in the sheriff court, for the employment of counsel;
(c)where the proceedings are before a children’s hearing or pre-hearing panel, for the employment of counsel;
(d)for the employment of any expert witness; and
(e)for work of an unusual nature or likely to involve unusually large expenditure.
(2) Paragraph (1) does not apply where the Board, on an application made to it for retrospective approval for the employment of counsel, of an expert witness, for work of an unusual nature, or, as the case may be, work likely to involve unusually large expenditure, considers that that employment or work would have been approved by it and that there was special reason why prior approval was not applied for.
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