Legal Aid (Scotland) Act 1986
Legal Aid (Scotland) Act 1986 (1986 c. 47)
- Legal Aid (Scotland) Act 1986 (1986 c. 47)
- Part I Scottish Legal Aid Board
- The Board
- 1 The Scottish Legal Aid Board.
- 2 Powers of the Board.
- 3 Duties of the Board.
- The Fund
- 4 Scottish Legal Aid Fund.
- 4A Power of Board to make grants for certain purposes
- 5 Accounts and audit.
- Part II Advice and Assistance
- 6 Definitions.
- 7 Application of Part II.
- 8 Availability of advice & assistance.
- 8A Criminal advice and assistance: automatic availability in certain circumstances
- 9 Regulations may apply Part II to representation.
- 10 Financial limit.
- 11 Clients' contributions: general
- 11A Clients' contributions: specified criminal assistance by way of representation
- 12 Payment of fees or outlays otherwise than through clients’ contributions.
- Register of advice organisations
- 12A Register of advice organisations
- 12B Advice and assistance
- Part III Civil Legal Aid
- 13 Meaning of “civil legal aid”.
- 14 Availability of civil legal aid.
- 15 Financial conditions.
- Expenses
- 16 Expenses in favour of certain assisted persons.
- 17 Contributions, and payments out of property recovered.
- 18 Expenses of unassisted party.
- 19 Expenses out of the Fund.
- 20 Provisions supplementary to sections 18 and 19.
- Part IV Criminal Legal Aid
- 21 Scope and nature of criminal legal aid.
- 22 Automatic availability of criminal legal aid.
- 23 Power of the court to grant legal aid.
- 23A Legal aid in solemn proceedings
- 24 Legal aid in summary proceedings.
- 25 Legal aid in appeals.
- 25AA Legal aid in respect of appeals under section 303A of the 1995 Act.
- 25AB Legal aid in references, appeals or applications for special leave to appeal to the Supreme Court
- Part IVA Criminal Legal Assistance
- Registration
- 25A Criminal Legal Assistance Register.
- Code of practice
- 25B Code of practice in relation to criminal legal assistance.
- 25C Supervision of registered solicitors and firms.
- Removal of name from Register
- 25D Removal of name from Register following failure to comply with code.
- 25E Further provision as to removal of name from Register.
- 25F Publication of Register.
- Part V Employment of Solicitors by the Board
- 26 Employment to which Part V applies.
- 27 Arrangements for employment to which Part V applies.
- 28 General provisions relating to employment to which Part V applies.
- 28A Power of Board to employ solicitors to provide criminal assistance.
- Part 5A Children's legal aid
- 28B Children's legal aid
- 28C Circumstances where children's legal aid automatically available
- 28D Availability of children's legal aid: child
- 28E Availability of children's legal aid: relevant person
- 28F Availability of children's legal aid: appeals relating to deemed relevant person
- 28G Conditions
- 28H Board to establish review procedures
- 28J Board's power to require compliance with conditions
- 28K Contributions to the Fund
- 28L Power of Scottish Ministers to extend or restrict types of proceedings before children's hearings in which children's legal aid to be available
- 28LA Power of Scottish Ministers to provide for children's legal aid to be available to other persons in relation to court proceedings
- 28LB Power of Scottish Ministers to provide for children's legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2019
- Part 5B Children's legal assistance
- 28M Register of solicitors and firms eligible to provide children's legal assistance
- 28N Code of practice
- 28P Duty to comply with code of practice
- 28Q Non-compliance with code of practice
- 28R Further provision as to removal of name from register
- 28S Publication of register etc.
- Part VI Miscellaneous
- Proceedings in relation to children
- 29 Legal aid in respect of certain proceedings relating to children.
- Contempt of court
- 30 Legal aid in contempt proceedings.
- Solicitors and counsel
- 31 Solicitors and counsel.
- 32 Restriction on payment and employment of solicitor or counsel.
- 33 Fees and outlays of solicitors and counsel.
- 33ZA Regulations about contributions for criminal legal assistance
- Interim payments to solicitors and counsel
- 33ZB Claim for interim payment
- 33ZC Recovery where interim payment excessive
- Contracts for the provision of criminal legal assistance
- 33A Contracts for the provision of criminal legal assistance.
- Contracts for the provision of children's legal assistance
- 33B Contracts for the provision of children's legal assistance
- Information
- 34 Confidentiality of information.
- 35 False information etc.
- 35A Power of Board to require information.
- 35AA Information about legal services
- Power of entry
- 35B Power of Board to enter premises and investigate.
- Suspension of payments to solicitor
- 35C Suspension of payments to solicitor.
- Regulations and rules of court
- 36 Regulations.
- 37 Parliamentary procedure.
- 38 Rules of court.
- Rights of indemnity
- 39 Adaptation of rights to indemnity.
- General
- 40 Finance.
- 41 Interpretation.
- 41A Regulations in relation to criminal legal assistance.
- 42 Disposable income and capital.
- 43 Act not to affect certain taxations etc.
- 43A Applications of Act to services provided under Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
- 44 Crown application.
- 45 Amendments, transitional provisions, savings and repeals.
- 46 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 The Scottish Legal Aid Board
- Incorporation and Status
- Tenure of Members
- Remuneration of members
- Staff
- Proceedings
- Allowances
- Instruments
- Board not dominus litis
- SCHEDULE 1A Further provision in relation to the Register of Advice organisations
- Register of advice organisations
- Applications
- Further provision on applications
- Adviser code
- Monitoring
- Removal of name from the register of advice organisations
- Appeals
- Part I Courts in which Civil Legal Aid is Available
- Proceedings before the First-tier Tribunal for Scotland
- Proceedings for judicial review before the Upper Tribunal
- Part II Excepted Proceedings
- SCHEDULE 3 Minor and Consequential Amendments
- The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
- The House of Commons Disqualification Act 1975 (c.24)
- The Northern Ireland Assembly Disqualification Act 1975 (c.25)
- The Sex Discrimination Act 1975 (c.65)
- The Race Relations Act 1976 (c.74)
- The Solicitors (Scotland) Act 1980 (c.46)
- The Tenants’ Rights, Etc. (Scotland) Act 1980 (c.52)
- SCHEDULE 4 Transitional Provisions and Savings
- The Legal Aid (Scotland) fund
- Rights, obligations and property
- Legal aid and advice and assistance
- Pensions
- General
- Schedule 5 Repeals
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