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9. For regulation 3 of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011(1) (duty solicitors: advice for suspect) substitute—
“3. 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 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.”.
S.S.I. 2011/163; relevantly amended by S.I. 2011/1739 and the Crime and Courts Act 2013 (c.22), schedule 21, paragraph 50.
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