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Legal Aid (Scotland) Act 1986, Cross Heading: Adviser code is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 1A inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(9), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
4(1)The Board shall prepare a code of practice (an “adviser code”) in relation to advisers and registered organisations.S
(2)The adviser code prepared under sub-paragraph (1) must include—
(a)the conditions to be complied with in order to qualify for registration;
(b)the types of organisations eligible for registration;
(c)the conditions to be complied with in order for a person to be approved by a registered organisation as an adviser;
(d)the laying down of standards, conduct, practice and training expected in relation to—
(i)the provision of advice and assistance by advisers;
(ii)the supervision of such activity by registered organisations;
(e)arrangements for dealing with complaints about the activities of advisers and registered organisations;
(f)arrangements for monitoring the activities of advisers and registered organisations.
(3)The adviser code prepared under sub-paragraph (1) has effect on such date as the Board may confirm.
(4)But the adviser code may not have effect unless and until it has been—
(a)approved by the Scottish Ministers; and
(b)the Board has laid a copy of the prepared code before the Scottish Parliament.
(5)The Board is to publish the adviser code in such way as, in its opinion, is likely to bring it to the attention of those interested in it.
(6)The Board is to—
(a)keep the adviser code under review; and
(b)revise it where appropriate.
(7)The provisions of this paragraph apply in relation to any revision of the adviser code as they apply in relation to the version originally prepared.
(8)Registered organisations shall comply with the relevant requirements of the adviser code.]
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