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Version Superseded: 30/07/2007
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Legal Aid (Scotland) Act 1986, Section 6 is up to date with all changes known to be in force on or before 11 September 2024. 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.
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(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.
[F3and references to a court, tribunal or statutory inquiry include references to any court, tribunal or statutory inquiry which is established by law for purposes which are or include those of determining persons’ civil rights and obligations and to any person who or group of persons or body or procedure which (however described) is appointed or established by law for such purposes.]
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.
F2Words in s. 6(2) substituted (01.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 20.
F3Words in s. 6(2) added (6.7.2001) by 2001 asp 7, ss. 6(1), 15(3)
Modifications etc. (not altering text)
C1Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3
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