Regulation 13 Giving of advice and assistance on the same matter

(1)

A client shall not be given advice or assistance in respect of the same matter by more than one solicitor without the prior authority of the Board, and such authority shall be given only on such terms and conditions as the Board may see fit to impose.

(2)

Application for authority under paragraph (1) above shall be made by the second or subsequent solicitor who shall indicate his willingness to act for the client seeking such advice or assistance F1... and shall include a statement of the reasons for seeking such authority.

F2(3)

Subject to paragraph (4), no second or further diagnostic interview is allowable F3in relation to a civil matter during the period of 3 months immediately following the approval of advice and assistance by way of a diagnostic interview.

(4)

In exceptional circumstances and on cause shown a second or further diagnostic interview may be allowable during said period of 3 months, upon application to, and approval by, the Board.

(5)

The Board shall approve or refuse any such application, as it thinks fit.

F4(6)

A client is not to be given advice and assistance by the same solicitor in relation to the same criminal matter (whether or not at the relevant time the subject of proceedings) more than once without the prior approval of the Board.

(7)

The Board may (on an application for the purpose of paragraph (6) above)–

(a)

refuse to give its approval; or

(b)

give its approval unconditionally or on such conditions as it may impose.

Annotations

Textual amendments

F1: Words in reg. 13(2) omitted (1.4.2011) by virtue of The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 (S.S.I. 2011/161), regs. 1, 2(3)
F2: Reg. 13(3)-(5) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 6 (with reg. 2)
F3: Words in reg. 13(3) inserted (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(3)(a) (with reg. 1(2))
F4: Reg. 13(6)(7) added (30.6.2008) by The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240), regs. 1(1), 3(3)(b) (with reg. 1(2))