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Legal Aid (Scotland) Act 1986
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- UK Public General Acts
- 1986 c. 47
- Part IV
- Section 25AA
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Legal Aid (Scotland) Act 1986, Section 25AA is up to date with all changes known to be in force on or before 22 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
- s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
- s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
- s. 9A 9B inserted by 2013 asp 3 s. 18(2)
- s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
- s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
- s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
- s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
- s. 25AC 25AD inserted by 2013 asp 3 s. 20
[F125AA Legal aid in respect of appeals under section 303A of the 1995 Act.S
(1)Subject to the provisions of this section, [F2sections 25 and 25AB of this Act apply] to any appeal, within the meaning of section 303A of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person), instituted or continued by a person (an “authorised person”) authorised under subsection (4) of the said section 303A.
(2)Where an authorised person is continuing an appeal which has been instituted by the deceased person, and criminal legal aid, within the meaning of section 25, [F3or section 25AB] has been awarded to the deceased person in connection with any proceedings, such legal aid shall continue to be made available to the authorised person in respect of those proceedings.
(3)Where—
(a)the deceased person had applied for criminal legal aid within the meaning of section 25, [F3or section 25AB] but the application had not been determined prior to his death; or
(b)the deceased person had not applied for such legal aid,
the authorised person shall be regarded as the applicant and, in a case to which paragraph (b) applies, may apply for such legal aid.
(4)Notwithstanding subsection (3) above—
(a)in [F4sections 25(2)(a) and 25AB(2)] of this Act, where the authorised person is the executor of the deceased, any reference to—
(i)the financial circumstances of the applicant shall be construed as a reference to the value of the deceased person’s estate; and
(ii)the applicant’s dependants shall be construed as a reference to the beneficiaries of the deceased’s estate; and
(b)any reference in section 25(2)(c) or (2A) of this Act to whether it is in the interests of justice that the applicant should receive legal aid shall be construed as a reference to whether it would have been in the interests of justice that the deceased should have received legal aid.]
Textual Amendments
F1S 25AA inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(7); S.I. 1997/1712, art. 3, Sch.
F2Words in s. 25AA(1) substituted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(a)
F3Words in s. 25AA(2)(3)(a) inserted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(b)(c)
F4Words in s. 25AA(4)(a) substituted (6.5.1999) by S.I. 1999/1042, art. 3, Sch. 1 Pt. I para. 11(3)(d)
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