- Latest available (Revised)
- Point in Time (25/06/2013)
- Original (As enacted)
Point in time view as at 25/06/2013.
Legal Aid (Scotland) Act 1986, Section 10 is up to date with all changes known to be in force on or before 09 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where at any time (whether before or after advice and assistance has begun to be provided to a client) it appears to the solicitor [F1or, as the case may be, adviser] that the cost of giving it is likely to exceed the limit applicable under this section—
(a)the solicitor [F2or adviser] shall determine to what extent that advice and assistance can be provided without exceeding that limit; and
(b)shall not give it (or, as the case may be, not instruct counsel to provide it) so as to exceed that limit except [F3, subject to subsection (4),] with the approval of the Board.
(2)The limit applicable under this section is [F4£60].
(3)For the purposes of this section, the cost of providing advice and assistance shall be taken to consist of such of the following as are applicable in the circumstances—
(a)any outlays (including the fees and outlays of counsel) which may be incurred by the solicitor or his firm or incorporated practice in, or in connection with, the providing of the advice and assistance;
[F5(aa)any outlays which may be incurred by the registered organisation (which approved the adviser) in, or in connection with, the providing of the advice and assistance;]
(b)any fees (not being charges for outlays) which, apart from section 11 of this Act, would be properly chargeable by the solicitor or his firm or incorporated practice in respect of the advice and assistance; and
[F6(ba)any fees (not being charges for outlays) which, apart from section 11 of this Act, would be properly chargeable by the registered organisation (which approved the adviser) in respect of the advice and assistance;]
(c)in the case of advice and assistance given by a solicitor employed by the Board, any fees (not being charges for outlays) which, if the solicitor had been employed by a firm of solicitors or by an incorporated practice, would, apart from section 11 of this Act, have been properly chargeable by that firm or practice in respect of the advice and assistance.
[F7(4)In the circumstances set out in subsection (5), no application may be made for the Board's approval for the cost of giving the advice and assistance—
(a)to exceed the limit applicable under this section; or
(b)to that limit having been exceeded.
(5)The circumstances are that the matter with which the advice and assistance is concerned is not—
(a)specified as a distinct matter for the purposes of advice and assistance by virtue of regulations made under this Act; or
(b)being treated as if it were a distinct matter by virtue of such regulations.]
Textual Amendments
F1Words in s. 10(1) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(a)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F2Words in s. 10(1)(a) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(a)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F3Words in s. 10(1)(b) inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp. 5), ss. 69(2)(a), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(a)
F4Sum in s. 10(2) substituted (1.8.1988) by S.I. 1988/1389, reg. 2, and different sums substituted for different cases: (17.12.1988) by S.I. 1988/2288, reg. 2; (10.1.1994) by S.I. 1993/3187, regs. 3, 4 (as amended (1.5.2007) by S.I. 2007/248, reg. 4)
F5S. 10(3)(aa) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(b)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F6S. 10(3)(ba) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(b)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F7S. 10(4)(5) inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 69(4), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(a)
Modifications etc. (not altering text)
C1Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: