# The Civil Legal Aid (Scotland) Amendment Regulations 1994, Regulation 3: Amendment of the principal Regulations


In regulation 3 of the principal Regulations() (interpretation)–
(a) at the beginning there shall be inserted “— (1)”;
(b) for the definitions of “counsel” and of “junior counsel” there shall be substituted–
““counsel” includes a solicitor-advocate, except in regulations 21(1)(c), 44 and 45 below;”; and
““junior counsel” includes a junior solicitor-advocate;”; and
(c) for the definition of “rights of audience solicitor” to the end of Regulation 3 there shall be substituted the following provisions:–
““right of audience” means, in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980();
“senior counsel” includes a senior solicitor-advocate except in paragraph (2) below;
“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;
and, unless the context otherwise requires, any reference in these Regulations to a solicitor does not include a solicitor when acting as a solicitor-advocate.
(2) For the purposes of these Regulations, a solicitor-advocate shall be
(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the House of Lords or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) below; and
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.”.

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Source: https://www.legislation.gov.uk/uksi/1994/1049/regulation/3 (the official version)
Page: https://openlegislation.uk/civil-legal-aid-scotland-amendment-regulations-1994/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.