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

PART II Advice and Assistance

6 Definitions

(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, if and so far as may be necessary, 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, if and so far as may be necessary, 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 [1971 c. 62.] Tribunals 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.