Legal Aid (Scotland) Act 1986

[F1 4A Power of Board to make grants for certain purposes S

(1) The Board may, on an application made to it by any person, make grants of such amount and subject to such conditions (including conditions as to repayment) as it may determine to the person in respect of—

(a) any of the matters mentioned in subsection (2);

(b) any of the purposes mentioned in subsection (3).

(2) The matters are—

(a) any civil legal [F2 aid, advice and assistance in relation to civil matters or children's legal assistance] provided, or to be provided, by any solicitor or counsel;

(b) any advice and assistance in relation to civil matters [F3 or children's matters] provided, or to be provided, by any adviser;

(c) any advice, assistance or representation (not falling within paragraphs (a) or (b)) provided, or to be provided, by any person, which is connected to civil matters [F4 or children's matters].

(3) The purposes are facilitating, supporting and developing the provision of any of the matters referred to in subsection (2).

(4) The Scottish Ministers must specify a limit to the total amount that may be paid out of the Fund by virtue of subsection (1).

(5) In specifying any limit under subsection (4) the Scottish Ministers must specify the period in relation to which that limit applies.

(6) Any grant made under subsection (1) must be made in accordance with an approved plan.

(7) The Board must prepare and publish a plan as to the criteria which the Board will apply in considering whether or not to make such a grant; and the Board must submit the plan to the Scottish Ministers for approval.

(8) The Scottish Ministers may approve a plan submitted to them under subsection (7) with or without modification.

(9) The Scottish Ministers may at any time—

(a) approve a modification of an approved plan proposed by the Board or withdraw approval of such a plan or modification;

(b) require the Board to prepare and publish a plan under subsection (7).

(10) An application under subsection (1) must include such information as the Board may reasonably require.

(11) In preparing and publishing the plan under subsection (7) the Board must do so in accordance with such directions as the Scottish Ministers may give.

(12) Any money due to a person by virtue of this section shall be paid to the person by the Board out of the Fund.

(13) Any money paid to a person under subsection (1) as provided in subsection (12), in respect of—

(a) any civil legal [F5 aid, advice and assistance or children's legal aid] provided by any solicitor or counsel;

(b) any advice and assistance provided by an adviser,

shall be taken to be a payment in accordance with this Act; and no other payment may be made out of the Fund in respect of that civil legal aid or, as the case may be, advice and assistance [F6 or children's legal aid].

(14) In this section, “approved plan” means a plan approved, for the time being, by the Scottish Ministers under subsection (8); and includes any part or modification of the plan so approved [F7 and “children's matters” means matters relating to children's hearings, pre-hearing panels (as defined in section 79(2)(a) of the 2011 Act) or proceedings under Part 10 or 15 of the 2011 Act].

(15) For the purposes of this section, “person” includes a body corporate or unincorporate.]

Textual Amendments

F1 S. 4A inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 68(3), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(b)

F2 Words in s. 4A(2)(a) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(a)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F3 Words in s. 4A(2)(b) inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(a)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F4 Words in s. 4A(2)(c) added (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(a)(iii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F5 Words in s. 4A(13) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(b)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F6 Words in s. 4A(13) added (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(b)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F7 Words in s. 4A(14) added (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(3)(c) (with s. 186); S.S.I. 2013/195, arts. 2, 3