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Legal Aid Act 1988
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- UK Public General Acts
- 1988 c. 34
- SCHEDULE 4
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This version of this schedule contains provisions that are prospective.
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Changes to legislation:
Legal Aid Act 1988, SCHEDULE 4 is up to date with all changes known to be in force on or before 04 December 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 4:
- Act modified (prosp.) by 1996 c. 27 s. 23(8)
- Sch. 4 para. 3(b) repealed by 1990 c. 40 Sch. 9
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified (prosp.) by 1996 c. 27 s. 23(8)
Section 44.
SCHEDULE 4S Amendments of Legal Aid (Scotland) Act 1986 (c. 47)
Part ISDirect payment of fees and outlays by legally assisted person
1In section 4(2) (payments out of the Scottish Legal Aid Fund)—
(a)in paragraph (a), after the word “due ” there shall be inserted the words “out of the Fund ”.
(b)in paragraph (c), the words “for the purposes of this Act ” are repealed.
2In section 16—
(a)subsection (1) is repealed;
(b)in subsection (2), the words “In this section and ” are repealed.
Prospective
3In section 17 (contributions, etc.)—
(a)in subsection (1), for the words from “by the Board ” to “the Fund ” there shall be substituted the words “to contribute to the fees and outlays incurred by them (or on their behalf) ”;
[F1(b)subsections (3) to (8) are repealed;]
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 4 para. 3(b) repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76), ss. 74(2), 75(2), Sch. 9
F2Sch. 4 para. 3(c) repealed (26.8.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76), ss. 74(2), Sch. 9; S.I. 1991/1903,art. 3, Sch.
4In section 32 (a) (restriction on payment etc.), the words “, out of the Fund ” are repealed.
Prospective
5In section 33 (fees and outlays of solicitors and counsel) in subsection (1), for the words from “out ” to the end there shall be substituted the words—
“in respect of any fees or outlays properly incurred by him in so acting—
(a)by the person concerned, to the extent to which a contribution has been determined for him under section 17 of this Act;
(b)to the extent that such fees and outlays exceed any such contribution out of the Fund in accordance with section 4(2)(a) of this Act.”
6In section 36(2) (regulations), in paragraph (b) at end add—
“and the power to substitute different amounts for the amount specified in section 10(2) of this Act includes power to substitute different amounts in relation to different cases or classes of case”.
Part IISLiability of legally assisted person for expenses to be assessed in all cases
7In section 18 (expenses)—
(a)subsection (1) is repealed;
(b)in subsection (2), for the words “in proceedings to which this section applies ”, there shall be substituted the words “in any proceedings ”.
8In section 19(1) (expenses out of the Fund), for the words “to which this section applies ” there shall be substituted the words “to which a legally assisted person is party and which are finally decided in favour of an unassisted party ”.
9In section 20(1) (supplementary), for the words “sections 18 and ” there shall be substituted the word “section ”.
Part IIISBoard’s property to be rateable
10In Schedule 1, paragraph 2(4) is repealed.
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