{
  "url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-18",
  "json_url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-18.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/18",
  "kind": "regulation",
  "number": "18",
  "heading": "Assessment and taxation of fees and outlays",
  "text": "(1) Where the solicitor considers that the fees and outlays properly chargeable for the advice or assistance exceed any contribution payable by the client under the provisions of section 11 of the Act together with any expenses or property recovered or preserved under the provisions of section 12 of the Act as read with regulation 16, he shall, within one year of the date when the giving of advice and assistance was completed, submit an account to the Board:\nProvided that, where civil legal aid has been made available to an applicant to whom in connection with the same matter advice and assistance has been given, the account for such advice and assistance shall be submitted to the Board at the same time as that for civil legal aid; and any work which is charged under civil legal aid shall not be charged in the advice and assistance account.\n(2) The Board may accept an account for advice and assistance submitted outwith the period referred to in paragraph (1) above if it considers that there is a special reason for late submission.\n(3) Where the Board receives an account in accordance with paragraph (1) above, it shall assess the fees and outlays allowable to the solicitor for the advice and assistance in accordance with regulation 17 and shall determine accordingly any sum payable out of the Fund and pay it to the solicitor.\n(3A) Where the solicitor has given advice and assistance by way of a diagnostic interview then he shall, within 3 months of the date when the giving of the advice and assistance was completed, submit an account to the Board separate from any account or accounts submitted under paragraph (1). No account supplementary to that provided for in this paragraph may be submitted.\n(4) If the solicitor is dissatisfied with any assessment of fees and outlays by the Board under paragraph (3) above, he may require taxation of his account by the auditor; the auditor shall tax the fees and outlays allowable to the solicitor for the advice and assistance in accordance with regulation 17, and such taxation shall be conclusive of the fees and outlays so allowable.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 18(3A) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 8 (with reg. 2)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Regs. 17-19 excluded (1.10.1998) by The Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Regulations 1998 (S.I. 1998/1938), regs. 1(1), 4(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2447/regulation/18",
    "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."
}