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Regulation 14A Change of solicitor etc.F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the solicitor who is providing assistance by way of representation in relation to a summary criminal matter has been required by the client to cease to act (other than where paragraph (2) below applies), the solicitor is to–

(a)

notify the Board of that fact; and

(b)

provide it with a statement of the circumstances so far as known to the solicitor.

(2)

Where a client who is being provided assistance by way of representation in relation to a summary criminal matter wishes to have it provided by a different solicitor, the client is to–

(a)

apply to the Board for authority to have that solicitor provide the assistance; and

(b)

inform it of any reason for the application.

(3)

The Board may grant an application under paragraph (2) above if it is satisfied that there is a good reason for the application.

(F24)

This regulation does not apply to proceedings under sections 19, 30 or 36(1)(a) of the Criminal Justice (Scotland) Act 2016 F3, F4... paragraphs 29 or 36 of schedule 8 of the Terrorism Act 2000 F5, or paragraphs 37 or 44 of schedule 6 of the National Security Act 2023.

Annotations

Textual amendments

F1

Reg. 14A 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(4) (with reg. 1(2))

F2

Reg. 14A(4) inserted (25.1.2018) by The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/466), regs. 1, 5(3)

F3

Words in reg. 14A(4) inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(3)

F4

Word in reg. 14A(4) omitted (15.11.2023) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 5(3)(a)

F5

Words in reg. 14A(4) inserted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 5(3)(b)