{
  "url": "https://openlegislation.uk/advice-and-assistance-scotland-regulations-1987/note",
  "json_url": "https://openlegislation.uk/advice-and-assistance-scotland-regulations-1987/note.json",
  "legislation": "uksi/1987/382",
  "legislation_title": "The Advice and Assistance (Scotland) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/advice-and-assistance-scotland-regulations-1987",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make provision for the administration of advice and assistance under the Legal Aid (Scotland) Act 1986 in Scotland following the coming into force on 1st April 1987 of that Act which transferred from the Law Society of Scotland to the Scottish Legal Aid Board responsibility for the general oversight of awards of advice and assistance by solicitors. The 1986 Act also extended advice and assistance to include representation in certain summary criminal proceedings. The Regulations make provisions for all types of advice and assistance, including assistance by way of representation. They supersede in relation to applications for advice and assistance granted after 1st April 1987 the Legal Advice and Assistance (Scotland) Regulations 1973 (as amended), which are revoked, and the Legal Advice and Assistance (Scotland) Scheme 1973.\nThe Regulations make provision as to–\n(i) how to apply for advice and assistance, including applications on behalf of someone else (regulations 4 and 5);\n(ii) the assessment of a client’s financial resources by the solicitor and the collection of any contributions due from the client (regulations 6, 7 and 8 and Schedule 2);\n(iii) the availability of assistance by way of representation where other rights and facilities are available (regulation 9);\n(iv) the duty of solicitors to notify the Board when accepting an application or withdrawing from a case, and to provide other information to the Board (regulations 10, 13 and 14);\n(v) authorisation to exceed the financial limit for advice and assistance (regulation 11);\n(vi) the circumstances in which advice and assistance can be given on the same matter (regulation 12);\n(vii) the assessment and payment of solicitors' fees and outlays (regulations 15 to 19 and Schedule 3);\n(viii) the Board’s power in certain circumstances to recover sums paid out of the Fund (regulation 20).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/382/note",
    "retrieved_at": "2026-10-29T16:30:49.659901+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."
}