OpenLegislation

Regulation 10 Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where legal aid is granted and subject to paragraph (2) below, the prior approval of the Board shall be required–

(a)

where the proceedings are in the Court of Session, for the employment of senior counsel or of more than one junior counsel;

(b)

where the proceedings are in the sheriff court, for the employment of counsel;

(c)

for the employment of an expert witness; and

(d)

for work of an unusual nature or likely to involve unusually large expenditure.

(2)

Paragraph (1) above shall not apply where the Board, on an application made to it for retrospective approval of the employment of counsel or, as the case may be, of an expert witness, considers that the employment would have been approved by it and that there was special reason why prior approval was not applied for.