Part IIS Advice and Assistance

Modifications etc. (not altering text)

6 Definitions. S

(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.

Textual Amendments

F1Words in s. 6(1) substituted (30.9.1991) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2 ), s. 74, Sch. 8 para. 36(2); S.I. 1991/2151, art. 3,Sch.

Modifications etc. (not altering text)

C3Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3

Marginal Citations