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The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

S.I. 1996/2447 · Made 19 September 1996 · Extends to Scotland

Not fully up to date. 16 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 14AomittedCriminal Legal Aid and Assistance by Way of Representation 2026 reg. 5(2)
Sch. 3 Pt. 1 Tablewords omittedCriminal Legal Aid and Assistance by Way of Representation 2026 reg. 5(3)(a)
Sch. 3 Pt. 1 Tablewords omittedCriminal Legal Aid and Assistance by Way of Representation 2026 reg. 5(3)(b)
Sch. 3 Pt. 7sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(a)(i)
Sch. 3 Pt. 7sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(a)(ii)
Sch. 3 Pt. 7sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(a)(iii)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(i)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(ii)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(iii)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(iv)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(ix)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(v)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(vi)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(vii)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(viii)
Sch. 3 Pt. 8sum substitutedCriminal Legal Assistance 2026 reg. 3(2)(b)(x)

LEGAL AID AND ADVICE, SCOTLAND

Made 19th September 1996

Laid before Parliament 24th September 1996

Coming into force 7th October 1996

The Secretary of State, in exercise of the powers conferred on him by sections 12(3), 33(2)(b) and (3), 36(1), (2)(a), (d) and (e) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986M1, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, in respect of regulation 7 and Schedule 2, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1986 c.47.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 2AManner of applications etc.
  4. 3Revocations and savings
  5. 4Applications for advice and assistance
  6. 4AApplications for advice and assistance: further provision
  7. 5Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982 or the Hague Convention
  8. 6Applications on behalf of others
  9. 7Determination of disposable income or disposable capital
  10. 8Giving of advice and assistance by solicitor
  11. 8ACivil Advice and Assistance
  12. 8BCivil Advice and Assistance
  13. 8CInformation to be recorded in criminal matters
  14. 9Determination and collection of contributions
  15. 10Applicant for advice and assistance having other rights and facilities
  16. 11Notice to the Board on acceptance of application
  17. 12Authority to exceed financial limit
  18. 13Giving of advice and assistance on the same matter
  19. 14Procedure on withdrawal from giving advice and assistance
  20. 14AChange of solicitor etc.
  21. 15Supply of information by solicitors
  22. 15ASupply of information by clients
  23. 16Payment of fees and outlays from property recovered or preserved
  24. 16AInterim payments
  25. 17Fees and outlays of solicitors
  26. 18Assessment and taxation of fees and outlays
  27. 19Client’s right to require taxation
  28. 20Fees and outlays recoverable from a third party
  29. 21Right of Board to recover sums paid out of the Fund
  30. 22Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters
  31. Signature
  32. Schedule 1Schedule 1
  33. Schedule 2: ASSESSMENT OF DISPOSABLE CAPITAL AND DISPOSABLE INCOME
  34. 1Paragraph 1
  35. 2Paragraph 2 Repealed
  36. 2AParagraph 2A
  37. 3Paragraph 3
  38. 4Paragraph 4
  39. 4AParagraph 4A
  40. 5Paragraph 5
  41. 6Paragraph 6
  42. 7Paragraph 7
  43. 8Paragraph 8
  44. 9Paragraph 9
  45. 10Paragraph 10
  46. 11Paragraph 11
  47. Schedule 3: TABLE OF FEES ALLOWABLE TO SOLICITORS
  48. Part I: TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION
  49. 1Paragraph 1
  50. 1ACalculation of fees for time at court and travelling
  51. 2Interpretation
  52. 3Petition by debtor for sequestration
  53. Part II: TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION
  54. 1Paragraph 1
  55. 2Interpretation Repealed
  56. 3Petition by debtor for sequestration
  57. IIITABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
  58. IVTABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
  59. VTABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
  60. VITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
  61. VIITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
  62. VIIITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 27 AND SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
  63. Explanatory note