Point in time view as at 31/01/2012.
Legal Aid (Scotland) Act 1986, Section 28A is up to date with all changes known to be in force on or before 10 March 2025. 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.
(1)The Secretary of State F2. . . may by regulations made under this section empower the Board to employ solicitors for the purpose of providing criminal legal assistance.
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The provisions of paragraph 8 of Schedule 1 to this Act shall apply to solicitors employed by the Board by virtue of this section as they apply to employees appointed by the Board under that paragraph.
(5)Regulations made by the Secretary of State under this section may make such provision as appears to him to be appropriate for the purposes of this section and, without prejudice to the generality of the foregoing, may—
(a)specify in which area or areas employed solicitors are to be used; and
(b)make different provision in relation to different areas.
(6)Regulations under this section may provide that where the Board has by virtue of this section employed solicitors to provide criminal legal assistance in any area, the Board may, subject to subsection (7) below, require as many of the persons seeking criminal legal assistance in that area as it considers appropriate to instruct the solicitors employed by it.
(7)In requiring persons seeking criminal legal assistance to instruct solicitors employed by the Board, the Board shall, where there is or may be a conflict of interest, make provision for any particular person to be re-allocated to another solicitor or, where registration is in force, to a registered solicitor in the area.
(8)Regulations made under this section may make such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient.
(9)Sections 26, 27 and 28 of this Act shall not apply in relation to solicitors employed by the Board by virtue of this section.
[F4(9A)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(10)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F7(15)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 28A inserted (1.10.1997) by 1997 c. 48, s. 50; S.I. 1997/2323, art. 6, Sch. 3
F2Words in s. 28A(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 112(1)(a), 206(1); S.S.I. 2010/413, art. 2(1), Sch.
F3S. 28A(2)(3) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F4S. 28A(9A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
F5S. 28A(9A) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 112(1)(b), 206(1); S.S.I. 2010/413, art. 2(1), Sch.
F6S. 28A(10)-(15) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F7S. 28A(15) inserted (6.7.2001) by 2001 asp 7, ss. 9(7)(b), 15(3)
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