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Regulation 8B Civil Advice and AssistanceF1

(1)

Where the subject matter to which the advice and assistance relates is not distinct, the solicitor shall give advice and assistance to the client by way of a diagnostic interview.

(2)

Where a client has more than one subject matter upon which he seeks advice and assistance, none of which is distinct, the solicitor may approve one application for advice and assistance for all such matters.

(3)

Where a solicitor, having approved and proceeded to provide advice and assistance by way of a diagnostic interview, considers that a subject matter which is not distinct should be treated as if it were so, then he may make application to the Board for the subject matter to be so treated.

(4)

On receipt of an application under paragraph (3), the Board shall–

(a)

determine that the subject matter should be so treated; or

(b)

reject the application,

as the Board thinks fit.

(5)

Where a client has more than one subject matter upon which he seeks advice and assistance and the advice and assistance relates to both distinct matters and matters which are not distinct and which are not reasonably ancillary to the distinct matters then the solicitor shall keep a separate record of the advice and assistance given by way of a diagnostic interview.

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)