2 Interpretation
1 In these Regulations, unless the context otherwise requires–
“the Act” means the Legal Aid (Scotland) Act 1986;
“the 1995 Act” means the Children (Scotland) Act 1995;
“assisted person” means a person who has been granted legal aid under section 29 of the Act;
“child” and “relevant person” have the meanings given by section 29(12)(a) of the 1986 Act;
“child protection order”, “child assessment order” and “exclusion order” have the meanings given by section 29(12)(b) of the 1986 Act;
“counsel” includes a solicitor-advocate;
“junior counsel” includes a junior solicitor-advocate;
“legal aid” means legal aid under section 29 of the Act;
“right of audience” means in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council, which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;
“senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;
“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;
1995 c. 36.
Section 29 was substituted by the Children (Scotland) Act 1995, (section 92).
1980 c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 24.
and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as solicitor-advocate.
2 For the purposes of these Regulations, a solicitor-advocate shall be–
(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the Board has authorised the employment of senior counsel under regulation 10(1)(a) or (2) below; and
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.