C1C2Part II Advice and Assistance
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 F2section 16(1) of the M1 Tribunals and Inquiries Act 1992;
“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.
Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5