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Legal Aid (Scotland) Act 1986

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Scottish Legal Aid Board

    1. The Board

      1. 1.The Scottish Legal Aid Board

      2. 2.Powers of the Board

      3. 3.Duties of the Board

    2. The Fund

      1. 4.Scottish Legal Aid Fund

      2. 5.Accounts and audit

  3. PART II Advice and Assistance

    1. 6.Definitions

    2. 7.Application of Part II

    3. 8.Availability of advice & assistance

    4. 9.Regulations may apply Part II to representation

    5. 10.Financial limit

    6. 11.Clients' contributions.

    7. 12.Payment of fees or outlays otherwise than through clients' contributions.

  4. PART III Civil Legal Aid

    1. 13.Meaning of " civil legal aid ".

    2. 14.Availability of civil legal aid

    3. 15.Financial conditions

    4. Expenses

      1. 16.Expenses in favour of certain assisted persons

      2. 17.Contributions, and payments out of property recovered

      3. 18.Expenses of unassisted party

      4. 19.Expenses out of the Fund

      5. 20.Provisions supplementary to sections 18 and 19

  5. PART IV Criminal Legal Aid

    1. 21.Scope and nature of criminal legal aid

    2. 22.Automatic availability of criminal legal aid

    3. 23.Power of the court to grant legal aid

    4. 24.Legal aid in summary proceedings

    5. 25.Legal aid in appeals

  6. PART V Employment of Solicitors by the Board

    1. 26.Employment to which Part V applies

    2. 27.Arrangements for employment to which Part V applies

    3. 28.General provisions relating to employment to which Part V applies

  7. PART VI Miscellaneous

    1. Proceedings in relation to children

      1. 29.Legal aid in certain proceedings relating to children

    2. Contempt of court

      1. 30.Legal aid in contempt proceedings

    3. Solicitors and counsel

      1. 31.Solicitors and counsel

      2. 32.Restriction on payment and employment of solicitor or counsel

      3. 33.Fees and outlays of solicitors and counsel

    4. Information

      1. 34.Confidentiality of information

      2. 35.False information, etc.

    5. Regulations and rules of court

      1. 36.Regulations

      2. 37.Parliamentary procedure

      3. 38.Rules of court

    6. Rights of indemnity

      1. 39.Adaptation of rights to indemnity

    7. General

      1. 40.Finance

      2. 41.Interpretation

      3. 42.Disposable income and capital

      4. 43.Act not to affect certain taxations etc.

      5. 44.Crown application

      6. 45.Amendments, transitional provisions, savings and repeals

      7. 46.Short title, commencement and extent

  8. SCHEDULES

    1. SCHEDULE 1

      The Scottish Legal Aid Board

      1. Incorporation and Status

        1. 1.The Board shall be a body corporate with a common...

        2. 2.(1) The Board is not an emanation of the Crown...

      2. Tenure of Members

        1. 3.Subject to paragraphs 4 and 5 below any member of...

        2. 4.(1) The chairman or a member may resign office by...

        3. 5.The Secretary of State may terminate the appointment of a...

      3. Remuneration of members

        1. 6.(1) The Board may— (a) pay to its members such...

      4. Staff

        1. 7.(1) The Board shall, after consultation with, and subject to...

        2. 8.(1) Subject to paragraph 9 below, the Board may appoint,...

        3. 9.(1) The Board shall, not later than such date as...

        4. 10.(1) Where a person becomes an employee of the Board...

        5. 11.(1) Any dispute as to whether an offer under sub-paragraph...

      5. Proceedings

        1. 12.(1) Subject to anything in regulations made by the Secretary...

      6. Allowances

        1. 13.The Board may pay to each of its members and...

      7. Instruments

        1. 14.(1) The fixing of the seal of the Board shall...

      8. Board not dominus litis

        1. 15.Nothing done by the Board for the purpose of securing...

    2. SCHEDULE 2

      1. PART I Courts in which Civil Legal Aid is Available

        1. 1.Civil legal aid shall be available in relation to civil...

        2. 2.For the purposes of section 13 of this Act, proceedings...

      2. PART II Excepted Proceedings

        1. 1.Subject to paragraph 2 below, civil legal aid shall not...

        2. 2.The making of a counterclaim for defamation or verbal injury...

        3. 3.Civil legal aid shall not be available in relation to—...

    3. SCHEDULE 3

      Minor and Consequential Amendments

      1. The Maintenance Orders {Reciprocal Enforcement) Act 1972 (c.18)

        1. 1.(1) In section 31(1) of the Maintenance Orders (Reciprocal Enforcement)...

        2. 2.(1) Section 43A of that Act shall be amended as...

      2. The House of Commons Disqualification Act 1975 (c.24)

        1. 3.In Part III of Schedule 1 to the House of...

      3. The Northern Ireland Assembly Disqualification Act 1975 (c.25)

        1. 4.In Part III of Schedule 1 to the Northern Ireland...

      4. The Sex Discrimination Act 1975 (c. 65)

        1. 5.In section 75(4) of the Sex Discrimination Act 1975 for...

      5. The Race Relations Act 1976 (c.74)

        1. 6.In section 66(6) of the Race Relations Act 1976 for...

      6. The Solicitors (Scotland) Act 1980 (c.46)

        1. 7.In section 35(4) of the Solicitors (Scotland) Act 1980 for...

        2. 8.(1) Section 51 of that Act shall be amended as...

      7. The Tenants' Rights, Etc. (Scotland) Act 1980 (c.52)

        1. 9.In section 9B(4) of the Tenants' Rights, Etc. (Scotland) Act...

    4. SCHEDULE 4

      Transitional Provisions and Savings

      1. The Legal Aid (Scotland) Fund

        1. 1.(1) On the appointed day the Legal Aid (Scotland) Fund...

      2. Rights, obligations and property

        1. 2.Subject to paragraph 1 above, on the appointed day all...

      3. Legal aid and advice and assistance

        1. 3.(1) Nothing in this Act shall affect any legal aid...

        2. 4.(1) Any application for legal aid duly made under the...

      4. Pensions

        1. 5.Any arrangements made by the Law Society under section 12...

      5. General

        1. 6.(1) In this Schedule "the appointed day" means the day...

    5. SCHEDULE 5

      Repeals

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