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The Legal Aid (Scotland) (Children) Amendment Regulations 1993

S.I. 1993/534 · Made 5 March 1993

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE, SCOTLAND

Made 5th March 1993

Laid before Parliament 11th March 1993

Coming into force 1st April 1993

The Secretary of State, in exercise of the powers conferred on him by section 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of principal Regulations
  4. 4Amendment of principal Regulations
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Scotland) (Children) Amendment Regulations 1993 and shall come into force on 1st April 1993.

2Interpretation

In these Regulations “the principal Regulations” means the Legal Aid (Scotland) (Children) Regulations 1987f1.

3Amendment of principal Regulations

In regulation 2 of the principal Regulations:—

(a)

after the definition “child”, there shall be inserted the following definitions:—

  • ““counsel” includes a rights of audience solicitor;

  • “junior counsel” and “junior” include a rights of audience solicitor;”; and

(b)

after the definition of “parent” there shall be inserted the following definitions:—

  • ““rights of audience solicitor” means a solicitor having a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980f1; and

  • “senior counsel” includes a rights of audience solicitor.”.

4Amendment of principal Regulations

In regulation 5(2) of the principal Regulations, there shall be substituted for the words “the right of a minor” the words “any right of a child under the age of 16 years”.

Signature

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

5th March 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) (Children) Regulations 1987 (“the principal Regulations”). They make provision for a solicitor having a right of audience by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, as amended by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, to be entitled to the same fees as counsel when appearing in the Court of Session (regulation 3).

They also amend the reference to the “the right of a minor” to apply for legal aid as a consequence of the Age of Legal Capacity (Scotland) Act 1991 (c. 50) (regulation 4).