The Legal Aid (Employment of Solicitors) (Scotland) Regulations 2001

As amended by:

The Legal Aid (Employment of Solicitors) (Scotland) Amendment Regulations 2018 [S.S.I. 2018 No. 193] (in force from 27 September 2018)

The Legal Aid (Employment of Solicitors) (Scotland) Regulations 2001

SSI 2001 No 392

The Scottish Ministers, in exercise of the powers conferred by sections 26(1), 27(1) and 37(1) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

   1.—(1)   These Regulations may be cited as the Legal Aid (Employment of Solicitors) (Scotland) Regulations 2001 and shall come into force on 19th November 2001.

   (2)   In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

Employment of solicitors by the Board

   2.   The Board may employ solicitors in accordance with sections 26 to 28 of the Act on such terms and conditions as it may consider appropriate in accordance with the following regulations.

   3.   The Board may employ a solicitor for any of the following purposes:—

(a)   giving advice and assistance to which Part II of the Act applies;

(b)   acting for persons receiving legal aid; and

(c)   providing any such services as are mentioned in section 26(2) of the Act.

  4.—The Board may employ a solicitor to provide criminal legal assistance in cases where an accused person —

(a)   is eligible to receive such assistance; and

(b)   would otherwise be unable to secure the services of a solicitor to provide such assistance.