Section 41 Interpretation.

In this Act, unless the context otherwise requires—

• F1 “the 2011 Act” means the Children's Hearings (Scotland) Act 2011 (asp 1);

• F2“the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019 (asp 7),

• “advice and assistance” has the meaning given to it in section 6(1) of this Act;

• F3 “adviser” has the meaning given to it in section 6(2) of this Act;

• “adviser code” means the code of practice in relation to the register of advice organisations for the time being in force under Schedule 1A to this Act;

• “assistance by way of representation” has the meaning given to it in section 6(1) of this Act;

• “the Board” has the meaning given to it in section 1(1) of this Act;

• F4 “children's legal aid” has the meaning given to it in section 28B(2) of this Act;

• “children's legal assistance” means—

  1. (a)

     children's legal aid, and

  2. (b)

     advice and assistance in relation to children's hearings, pre-hearing panels (as defined in section 79(2)(a) of the 2011 Act) or proceedings under Part 10 or 15 of the 2011 Act F5or in relation to proceedings under Part 4 of the 2019 Act;

• “civil legal aid” has the meaning given to it in section 13(2) of this Act;

• F6 “the code” means the code of practice in relation to criminal legal assistance for the time being in force under section 25B of this Act;

• “criminal legal aid” has the meaning given to it in section 21(1) of this Act;

• F7 “criminal legal assistance” means criminal legal aid and advice and assistance in relation to criminal matters;

• “ document ” includes information recorded in any form;

• “firm” includes an incorporated practice, F8a licensed legal services provider, a sole solicitor and a law centre;

• “the Fund” has the meaning given to it in section 4(1) of this Act;

• “incorporated practice” has the same meaning as in the M1 Solicitors’ (Scotland) Act 1980;

• F9 “law centre” means a body—

  1. (a)

     established for the purpose of providing legal services to the public generally as well as to individual members of the public; and

  2. (b)

     which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;

• “the Law Society” means the Law Society of Scotland;

• “legal aid” means civil legal aid, criminal legal aid, F10children's legal aid or legal aid given in connection with proceedings for contempt of court F11...;

• F12“licensed legal services provider” and “solicitor investor” are to be construed in accordance with Part 2 of the Legal Services (Scotland) Act 2010;

• “person”

  1. (a)

     F13 does not include a body corporate or unincorporate, except where such body is acting in a representative, fiduciary or official capacity, so as to authorise legal aid or adive and assistance to be provided to such a body F14; and

  2. (b)

     includes a person under the age of sixteen years.

• F15 “the Register” means the Register established and maintained under section 25A of this Act;

• F16 “the register of advice organisations” means the register established and maintained under section 12A of this Act;

• “ registered firm ” means a firm whose name appears on the Register;

• F17 “registered organisation” means an organisation whose name appears on the register of advice organisations;

• “ registered solicitor ” means a solicitor whose name appears on the Register;

• “ sole solicitor ” means a solicitor practising under his own name or as a single solicitor under a firm name; and

• “solicitor connected with a firm” includes a sole solicitor F18, a solicitor investor in a firm and a solicitor who is a partner, director or employee of a firm, and cognate expressions shall be construed accordingly.