Legal Aid Act 1988

Part I S Direct payment of fees and outlays by legally assisted person

1 In section 4(2) (payments out of the Scottish Legal Aid Fund)—

(a) in paragraph (a), after the word “due ” there shall be inserted the words “out of the Fund ”.

(b) in paragraph (c), the words “for the purposes of this Act ” are repealed.

2 In section 16—

(a) subsection (1) is repealed;

(b) in subsection (2), the words “In this section and ” are repealed.

Prospective

3 In section 17 (contributions, etc.)—

(a) in subsection (1), for the words from “by the Board ” to “the Fund ” there shall be substituted the words “to contribute to the fees and outlays incurred by them (or on their behalf) ”;

[F1 (b) subsections (3) to (8) are repealed;]

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1 Sch. 4 para. 3(b) repealed (prosp.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76), ss. 74(2), 75(2), Sch. 9

F2 Sch. 4 para. 3(c) repealed (26.8.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76), ss. 74(2), Sch. 9; S.I. 1991/1903,art. 3, Sch.

4 In section 32 (a) (restriction on payment etc.), the words “, out of the Fund ” are repealed.

Prospective

5 In section 33 (fees and outlays of solicitors and counsel) in subsection (1), for the words from “out ” to the end there shall be substituted the words—

“in respect of any fees or outlays properly incurred by him in so acting—

(a) by the person concerned, to the extent to which a contribution has been determined for him under section 17 of this Act;

(b) to the extent that such fees and outlays exceed any such contribution out of the Fund in accordance with section 4(2)(a) of this Act.”

6 In section 36(2) (regulations), in paragraph (b) at end add—

“and the power to substitute different amounts for the amount specified in section 10(2) of this Act includes power to substitute different amounts in relation to different cases or classes of case”.