Section 12 Payment of fees or outlays otherwise than through clients’ contributions.C4

Scotland

(1)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

This section applies to any fees or outlays properly chargeable (in accordance with section 33 of this Act), in respect of advice and assistance given to a client in pursuance of this Part of this Act F2; but does not apply to the salary payable to a solicitor employed by the Board F3under sections 26 and 27 of this Act or to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act.

C1(3)

Except in so far as regulations made under this section otherwise provide, fees or outlays to which this section applies shall be paid to the solicitor F4or, as the case may be, the registered organisation, as follows—

(a)

first, out of any F5amount payable by the client in accordance with section 11(2) F6or, as the case may be, section 11A(2) of this Act;

(b)

secondly, in priority to all other debts, out of any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the client by any other person in respect of the matter in connection with which the advice and assistance is provided;

C2 C3(c)

thirdly, in priority to all other debts, out of any property (of whatever nature and wherever situated) which is recovered or preserved for the client in connection with that matter, including his rights under any settlement arrived at in connection with that matter in order to avoid or bring to an end any proceedings;

(d)

fourthly, by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor F7or the registered organisation.

F8(4)

In subsection (3), the reference to an amount payable by the client does not include an amount which it is for the Board to collect (whether under section 11A(3) or any regulations made under section 33ZA(1)).

Annotations

Textual amendments

F1: S. 12(1) repealed (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82(2), Sch. 5 para. 2(2) (with s. 77); S.S.I. 2008/311, art. 2(i)
F2: Words in s. 12(2) inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(4)(a); S.I. 1997/2323, art. 6(2)
F3: Words in s. 12(2) inserted (6.7.2001) by 2001 asp 7, ss. 9(3), 15(3)
F4: Words in s. 12(3) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(5)(a), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F5: Word in s. 12(3)(a) substituted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(4)(b); S.I. 1997/2323, art. 6(2)
F6: Words in s. 12(3)(a) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(7)(a), 25(2); S.S.I. 2013/262, art. 2
F7: Words in s. 12(3)(d) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(5)(b), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F8: S. 12(4) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(7)(b), 25(2); S.S.I. 2013/262, art. 2

Modifications

C1

S. 12(3) modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(c)

C2

S. 12(3)(c) restricted by S.I. 1987/382, reg. 15(1)

S. 12(3)(c) excluded (7.10.1996) by S.I. 1996/2447, reg. 16(2)

S. 12(3)(c): power to exclude conferred (7.10.1996) by S.I. 1996/2447, reg. 16(3)

C3

S. 12(3)(c): power to disapply conferred by S.I. 1996/2447, reg. 16A (as inserted (5.8.2020) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/191), regs. 1(3), 4)

C4

Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3

Notes on Part II

Modifications

C1: Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5
C2: Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))