[F13. In the circumstances where the Board has arranged, in accordance with section 31(8) of the Act, that a solicitor is to be available for the purpose of providing advice and assistance to any person to whom section 32 (right to have a solicitor present) of the Criminal Justice (Scotland) Act 2016 [F2, paragraph 16(6) of schedule 8 of the Terrorism Act 2000 (entitlement to consult a solicitor), F3... paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019 (entitlement to consult a solicitor)] [F4, or paragraph 15(6) of schedule 6 of the National Security Act 2023 (entitlement to consult a solicitor)] applies—
(a)section 31(1) of the Act does not apply; and
(b)the advice and assistance referred to must only be provided by the solicitor so made available.]
Textual Amendments
F1Reg. 3 substituted (25.1.2018) by The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/466), regs. 1, 9
F2Words in reg. 3 inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 5
F3Word in reg. 3 omitted (15.11.2023) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 9(a)
F4Words in reg. 3 inserted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 9(b)