# The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1994, Regulation 4: Amendment of the principal Regulations


In regulation 2(1) of the principal Regulations (interpretation):–
(a) for the definitions of “counsel” and of “junior counsel” and “junior”, there shall be substituted–
““counsel” includes a solicitor-advocate;”;
““junior counsel” or “junior” includes a junior solicitor-advocate;”; and
(b) for the definition of “rights of audience solicitor” to the end, there shall be -substituted–
““right of audience” means, in relation to a solicitor, a right of audience in the High Court of Justiciary which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980();
“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) 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 (1A) below;
and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.
(1A) 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 where the proceedings relate to a prosecution or conviction for murder or where the Board has authorised the employment of senior counsel under regulation 14(1)(a) or (2) of the Criminal Legal Aid (Scotland) Regulations);
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.”.

---
Source: https://www.legislation.gov.uk/uksi/1994/1019/regulation/4 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-scotland-fees-amendment-regulations-1994/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.