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Regulation 8A Civil Advice and AssistanceF1

(1)

Where a solicitor approves an application for advice and assistance in relation to a civil matter under Part II of the Act, the solicitor shall determine whether or not the advice and assistance relates to a distinct matter.

(2)

Subject to paragraphs (3) and (4), an application for advice and assistance relates to a distinct matter if the subject matter of the application is determined by the Board, in accordance with guidance issued by it, to be treated as distinct.

(3)

Any determination by the Board as to the matters which are or are not to be treated as distinct matters may only be made following consultation with the Law Society.

(4)

Where a matter has been determined by the Board to be treated as a distinct matter, the Board may not determine that the matter is no longer to be so treated unless the Scottish Ministers consent(a).

(5)

Where the subject matter to which the advice and assistance relates is a distinct matter the solicitor may approve one application for advice and assistance which shall include–

(a)

all distinct matters reasonably ancillary thereto; and

(b)

all matters reasonably ancillary thereto which are not distinct.

Annotations

Textual amendments

F1

Regs. 8A, 8B inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 5 (with reg. 2)