C1C2Part II Advice and Assistance

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

6 Definitions. C3

1

In this Act—

  • “advice and assistance” means any of the following—

a

oral or written advice provided to a person by a solicitor (or, F1where appropriate, by counsel)—

i

on the application of Scots law to any particular circumstances which have arisen in relation to the person seeking the advice;

ii

as to any steps which that person might appropriately take (whether by way of settling any claim, instituting, conducting or defending proceedings, making an agreement or other transaction, making a will or other instrument, obtaining further legal or other advice and assistance, or otherwise) having regard to the application of Scots law to those circumstances;

b

assistance provided to a person by a solicitor (or, F1where appropriate, by counsel) in taking any steps mentioned in paragraph (a)(ii) above, by taking such steps on his behalf or by assisting him in so taking them; and

  • “assistance by way of representation” means advice and assistance provided to a person by taking on his behalf any step in instituting, conducting or defending any proceedings—

a

before a court or tribunal; or

b

in connection with a statutory inquiry,

whether by representing him in those proceedings or by otherwise taking any step on his behalf (as distinct from assisting him in taking such a step on his own behalf).

2

In this Part of this Act—

  • “client” means a person who seeks or receives advice and assistance in accordance with this Part of this Act;

  • “statutory inquiry” has the meaning assigned to it by section 19(1) of the M1Tribunals and Inquiries Act 1971;

  • “the solicitor” means the solicitor by whom any advice and assistance is provided or, where it is provided by counsel, the solicitor on whose instruction counsel provides it;

  • “tribunal” includes an arbiter or oversman, however appointed.