{
  "url": "https://openlegislation.uk/civil-legal-aid-scotland-regulations-1987/regulation-42",
  "json_url": "https://openlegislation.uk/civil-legal-aid-scotland-regulations-1987/regulation-42.json",
  "legislation": "uksi/1987/381",
  "legislation_title": "The Civil Legal Aid (Scotland) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-scotland-regulations-1987",
  "path": "regulation/42",
  "kind": "regulation",
  "number": "42",
  "heading": "Payment to solicitor who acts before award of legal aid made",
  "text": "(1) Any solicitor who has acted on behalf of the assisted person in the proceedings for which legal aid is made available before the date on which the application for legal aid was granted, and any solicitor who has by law a right of retention in respect of any documents necessary for the proceedings, and who has delivered them up subject to this, may give notice of the fact to the Board.\n(2) Subject to paragraph (3) below, the Board shall pay to any such solicitor as is mentioned in paragraph (1), out of any expenses paid to the Fund under section 16 of the Act and any property recovered or preserved for the assisted person, the fees and outlays to which, following a taxation as between solicitor and own client, he is entitled.\n(3) In any case where such expenses and property recovered or preserved are insufficient to pay the fees and outlays of the solicitor in full in accordance with paragraph (2) and also to meet the net liability of the Fund on account of the assisted person, payment shall be made to the Fund and to the solicitor in proportion to the amount owing to each, and the provisions of section 17(5) of the Act with respect to the priority of payments to the Fund shall have effect accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/1991/1904",
      "affecting_title": "The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1991"
    },
    {
      "type": "revoked",
      "affecting": "uksi/1991/1904",
      "affecting_title": "The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1991"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/381/regulation/42",
    "retrieved_at": "2026-10-29T16:30:50.693750+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."
}