{
  "url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-16A",
  "json_url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-16A.json",
  "legislation": "uksi/1996/2447",
  "legislation_title": "The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996",
  "legislation_url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996",
  "path": "regulation/16A",
  "kind": "regulation",
  "number": "16A",
  "heading": "Interim payments",
  "text": "(1) This regulation applies where a claim is made for interim payment under the Act.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In relation to a claim for interim payment made in accordance with this regulation, the Board may disapply the requirement created by section 12(3)(c) of the Act that, before recourse to the Fund, fees or outlays shall be paid to the solicitor out of any property which is recovered or preserved for the client, in relation to the whole or any part of any such property.\n(4) For the avoidance of doubt, except where otherwise provided section 12 of the Act continues to apply to all other fees or outlays.\n(5) Paragraph (6) applies where the Board has made an interim payment in accordance with this regulation to a solicitor who provided advice and assistance to a person, and at any time prior to or after such payment that person or any solicitor acting on that person’s behalf has, in respect of the same matter for which advice and assistance was provided–\n(a) received any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to that person; or\n(b) recovered or preserved any property (of whatever nature and wherever situated), including that person’s rights under any settlement arrived at in connection with the matter in order to avoid or bring to an end any proceedings.\n(6) Where this paragraph applies, the Board may recover any sum paid out of the Fund to the solicitor in respect of the advice and assistance so given, from either—\n(a) the solicitor to whom the interim payment from the Fund was made; or\n(b) the person to whom the advice and assistance was provided.\n(7) In any case to which paragraph (6) applies the sum recoverable by the Board shall be the amount of the interim payment made, less any amount which would have been properly payable by way of fees and outlays under section 12(3)(d) of the Act, taking into account the expenses or property referred to in paragraph (5).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 16A inserted (5.8.2020) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/191), regs. 1(3), 4"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 16A(1) substituted (1.10.2022) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/229), regs. 1, 4(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 16A(2) omitted (1.10.2022) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/229), regs. 1, 4(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 16A heading substituted (1.10.2022) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/229), regs. 1, 4(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2447/regulation/16A",
    "retrieved_at": "2026-11-09T03:30:57.921163+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}