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Legal Aid (Scotland) Act 1986, Section 26 is up to date with all changes known to be in force on or before 11 October 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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(1)This Part of this Act applies to the employment of solicitors by the Board for any of the following purposes—
(a)giving advice and assistance to which Part II of this Act applies [F1either generally or in cases of any such description as may be prescribed by regulations made under this section];
(b)acting for persons receiving legal aid, either generally or in cases of any such description as may be prescribed by regulations made under this section;
(c)providing any such services as are mentioned in subsection (2) below.
(2)The services referred to in subsection (1)(c) above are services provided by a solicitor for or in connection with any F2. . . organisation and consisting of—
(a)assisting the organisation in [F3any function it has] of giving advice and guidance to applicants;
(b)promoting contacts between the organisation and solicitors practising in the locality for which the organisation is established, with a view to enabling applicants to obtain the professional services of those solicitors in cases where those services are required;
(c)giving oral advice to applicants, instead of referring them to other solicitors, in cases which can be readily disposed of by such advice.
(3)In subsection (2) above—
(a)“F4. . . organisation” means an organisation concerned [F5(whether wholly or partly)] in the giving of advice or guidance (whether generally or with respect to any particular classes of matters) to persons residing in the locality for which the organisation is established; and
(b)“applicants”, in relation to such an organisation, means persons who apply to the organisation for advice or guidance or are referred to it with a view to their receiving advice or guidance from it.
(4)In this section “organisation” includes a branch or section of an organisation; and, in relation to such a branch or section, any reference to the locality for which the organisation is established shall be construed as a reference to the locality for which the branch or section is established.
Textual Amendments
F1Words in s. 26(1)(a) added (6.7.2001) by 2001 asp 7, ss. 9(6), 15(3)
F2Word in s. 26(2) repealed (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 74(2)(a)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(c)
F3Words in s. 26(2)(a) substituted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 74(2)(a)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(c)
F4Word in s. 26(3)(a) repealed (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 74(2)(b)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(c)
F5Words in s. 26(3)(a) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 74(2)(b)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(c)
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