The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1994

Amendment of the principal Regulations

3.  In regulation 2(1) of the principal Regulations((1)) (interpretation)–

(a) in the introduction after the word “context” there shall be inserted the word “otherwise”;

(b) for the definitions of “counsel”, “junior counsel” and “junior”, there shall be substituted–

““counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;

“junior counsel” or “junior” includes a junior solicitor-advocate;” and

(c) for the definition of “rights of audience solicitor” to the end of Regulation 2(1) there shall be substituted the following provisions–

““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 1980((2));

“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) 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-advocat” and “senior solicitor-advocate” shall be construed in accordance with paragraph (1A) below;

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

(1A) 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 in the House of Lords or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987((3)); or

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

(1)

Regulation 2 was amended by S.I. 1993/531.

(2)

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

(3)

S.I. 1987/381; regulation 21 was amended by S.I. 1992/753.