Legal Aid (Scotland) Act 1986 (c. 47)

Part II S Advice and Assistance

Modifications etc. (not altering text)

C1 Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

C2 Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))

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, [F1 where 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;

  (aa)

  [F2 oral or written advice provided by an adviser—

  (i)

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

  (ii)

  as to any steps which that person might appropriately take having regard to the application of Scots law to those circumstances;]

  (b)

  assistance provided to a person by a solicitor (or, [F1 where 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

  (c)

  [F3 assistance provided to a person by an adviser in taking any steps mentioned in paragraph (aa)(ii) above, by taking such steps on his behalf or by assisting him in so taking them;]

• “assistance by way of representation” means [F4 , subject to section 12B(3) of this Act,] 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—

• [F5 “adviser” means a person who is approved by a registered organisation for the purposes of providing advice and assistance on behalf of the organisation and who is the person by whom advice and assistance is provided;]

• “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 [F6 section 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,

[F7 and 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

F1 Words 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.

F2 S. 6(1) definition of “advice and assistance”: para (aa) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(3)(a)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F3 S. 6(1) definition of “advice and assistance”: para (c) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(3)(a)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F4 S. 6(1) definition of "assistance by way of representation": words inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(3)(a)(iii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F5 S. 6(2): definition of "adviser" inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(3)(b), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F6 Words 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.

F7 Words in s. 6(2) added (6.7.2001) by 2001 asp 7, ss. 6(1), 15(3)

Modifications etc. (not altering text)

C3 Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3

Marginal Citations

M1 1992 c. 53.