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Legal Aid (Scotland) Act 1986
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- UK Public General Acts
- 1986 c. 47
- Part II
- Section 10
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Changes over time for: Section 10
Alternative versions:
- 01/02/1991- Amendment
- Stop date 30/04/1991- Amendment
- 08/02/2007- Amendment
- 30/07/2007- Amendment
Changes to legislation:
Legal Aid (Scotland) Act 1986, Section 10 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 10:
- s. 10(1)(b) words inserted by 2007 asp 5 s. 69(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
- s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
- s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
- s. 9A 9B inserted by 2013 asp 3 s. 18(2)
- s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
- s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
- s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
- s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
- s. 25AC 25AD inserted by 2013 asp 3 s. 20
10 Financial limit. S
(1)Where at any time (whether before or after advice and assistance has begun to be provided to a client) it appears to the solicitor [F1or, as the case may be, adviser] that the cost of giving it is likely to exceed the limit applicable under this section—
(a)the solicitor [F2or adviser] shall determine to what extent that advice and assistance can be provided without exceeding that limit; and
(b)shall not give it (or, as the case may be, not instruct counsel to provide it) so as to exceed that limit except [F3, subject to subsection (4),] with the approval of the Board.
(2)The limit applicable under this section is [F4£60].
(3)For the purposes of this section, the cost of providing advice and assistance shall be taken to consist of such of the following as are applicable in the circumstances—
(a)any outlays (including the fees and outlays of counsel) which may be incurred by the solicitor or his firm or incorporated practice in, or in connection with, the providing of the advice and assistance;
[F5(aa)any outlays which may be incurred by the registered organisation (which approved the adviser) in, or in connection with, the providing of the advice and assistance;]
(b)any fees (not being charges for outlays) which, apart from section 11 of this Act, would be properly chargeable by the solicitor or his firm or incorporated practice in respect of the advice and assistance; and
[F6(ba)any fees (not being charges for outlays) which, apart from section 11 of this Act, would be properly chargeable by the registered organisation (which approved the adviser) in respect of the advice and assistance;]
(c)in the case of advice and assistance given by a solicitor employed by the Board, any fees (not being charges for outlays) which, if the solicitor had been employed by a firm of solicitors or by an incorporated practice, would, apart from section 11 of this Act, have been properly chargeable by that firm or practice in respect of the advice and assistance.
[F7(4)In the circumstances set out in subsection (5), no application may be made for the Board's approval for the cost of giving the advice and assistance—
(a)to exceed the limit applicable under this section; or
(b)to that limit having been exceeded.
(5)The circumstances are that the matter with which the advice and assistance is concerned is not—
(a)specified as a distinct matter for the purposes of advice and assistance by virtue of regulations made under this Act; or
(b)being treated as if it were a distinct matter by virtue of such regulations.]
Textual Amendments
F1Words in s. 10(1) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(a)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F2Words in s. 10(1)(a) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(a)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F3Words in s. 10(1)(b) inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp. 5), ss. 69(2)(a), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(a)
F4Sum in s. 10(2) substituted (1.8.1988) by S.I. 1988/1389, reg. 2, and different sums substituted for different cases: (17.12.1988) by S.I. 1988/2288, reg. 2; (10.1.1994) by S.I. 1993/3187, regs. 3, 4 (as amended (1.5.2007) by S.I. 2007/248, reg. 4)
F5S. 10(3)(aa) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(b)(i), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F6S. 10(3)(ba) inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(4)(b)(ii), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)
F7S. 10(4)(5) inserted (8.2.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 69(4), 82(2) (with s. 77); S.S.I. 2007/57, art. 2(a)
Modifications etc. (not altering text)
C1Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3
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