OpenLegislation

Regulation 2 Interpretation

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

(1)

In these Regulations, unless the context otherwise requires–

  • “the Act” means the Legal Aid (Scotland) Act 1986;

  • “the 1995 Act” means the Children (Scotland) Act 1995f1;

  • “assisted person” means a person who has been granted legal aid under section 29 of the Actf2;

  • “child” and “relevant person” have the meanings given by section 29(12)(a) of the 1986 Act;

  • “child protection order”, “child assessment order” and “exclusion order” have the meanings given by section 29(12)(b) of the 1986 Act;

  • “counsel” includes a solicitor-advocate;

  • “junior counsel” includes a junior solicitor-advocate;

  • “legal aid” means legal aid under section 29 of the Act;

  • “right of audience” means in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council, which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980f3;

  • “senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;

  • “solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as solicitor-advocate.

(2)

For the purposes of these Regulations, a solicitor-advocate shall be–

(a)

a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the Board has authorised the employment of senior counsel under regulation 10(1)(a) or (2) below; and

(b)

a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.

Annotations

Footnotes

f1

1995 c. 36.

f2

Section 29 was substituted by the Children (Scotland) Act 1995, (section 92).

f3

1980 c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 24.