# The Criminal Legal Aid (Scotland) Regulations 1987, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision for the administration of criminal legal aid in Scotland following the coming into force on 1st April 1987 of the main provisions of the Legal Aid (Scotland) Act 1986. In particular, the Regulations take account of the transfer of responsibility for the administration of legal aid from the Law Society of Scotland to the Scottish Legal Aid Board, and of responsibility for granting legal aid in summary criminal proceedings from the courts to the Board. They supersede in relation to applications for criminal legal aid granted on or after 1st April 1987 the Legal Aid (Scotland) (Criminal Proceedings) Regulations 1975, which are revoked, and the Legal Aid (Scotland) (Criminal Proceedings) Scheme 1975.
The Regulations make provision as to–
(i) what are to be treated as distinct proceedings for purposes of criminal legal aid (regulation 4);
(ii) the availability of duty solicitors and the circumstances in which criminal legal aid is to be provided only by the duty solicitor (regulation 5);
(iii) how to apply for criminal legal aid (regulations 6, 8 and 13);
(iv) the availability of criminal legal aid where other rights and facilities may be available (regulations 7 and 10);
(v) attendance for interview and supply of information by applicants (regulation 9);
(vi) notification of decisions by the Scottish Legal Aid Board as to the availability of criminal legal aid for summary proceedings, and applications for review of such decisions (regulations 11 and 12);
(vii) employment of counsel and expert witnesses (regulation 14);
(viii) applications in matters of special urgency (regulation 15);
(ix) the duty of the solicitor to notify the Board of the conclusion and outcome of the proceedings (regulation 16);
(x) changes of nominated solicitor (regulation 17); and
(xi) the duty of the Board in certain circumstances to cease to make criminal legal aid available, and its right to recover sums paid out of the Scottish Legal Aid Fund (regulation 18).

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Source: https://www.legislation.gov.uk/uksi/1987/307/note (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-scotland-regulations-1987/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.