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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Civil Legal Aid Rules) 1987 by replacing rule 6 which concerns procedure in applications under section 19(1) of the Legal Aid (Scotland) Act 1986 (applications for expenses out of the Legal Aid Fund).

The new rule requires applicants to give the Scottish Legal Aid Board (“the Board”) advance notice of intention to apply for an award of expenses out of the Legal Aid Fund by completing a prescribed form and sending both it and supporting documents to the Board. The form and documents must be sent to the Board no less than 28 days before any motion applying for an award is enrolled or lodged.

Applications for awards of expenses out of the Legal Aid Fund continue to be made by motion, but such motions require to be intimated on the Board, and may be opposed by the Board as if it was a party to the proceedings.