Legal Aid (Scotland) Act 1986

PART V Employment of Solicitors by the Board

26 Employment to which Part V applies

(1) This Part of this Act applies to the employment of solicitors by the Board for any of the following purposes—

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

(b) acting for persons receiving legal aid, either generally or in cases of any such description as may be prescribed by regulations made under this section ;

(c) providing any such services as are mentioned in subsection (2) below.

(2) The services referred to in subsection (1)(c) above are services provided by a solicitor for or in connection with any local organisation and consisting of—

(a) assisting the organisation in its function of giving advice and guidance to applicants ;

(b) promoting contacts between the organisation and solicitors practising in the locality for which the organisation is established, with a view to enabling applicants to obtain the professional services of those solicitors in cases where those services are required;

(c) giving oral advice to applicants, instead of referring them to other solicitors, in cases which can be readily disposed of by such advice.

(3) In subsection (2) above—

(a) " local organisation " means an organisation concerned in the giving of advice or guidance (whether generally or with respect to any particular classes of matters) to persons residing in the locality for which the organisation is established ; and

(b) " applicants", in relation to such an organisation, means persons who apply to the organisation for advice or guidance or are referred to it with a view to their receiving advice or guidance from it.

(4) In this section " organisation " includes a branch or section of an organisation; and, in relation to such a branch or section, any reference to the locality for which the organisation is established shall be construed as a reference to the locality for which the branch or section is established.

27 Arrangements for employment to which Part V applies

(1) The Secretary of State may, by regulations made under this section, make provision as to the employment of solicitors under this Part of this Act and as to the circumstances in which solicitors may be so employed.

(2) Section 32(a) of this Act shall not apply to the remuneration of a solicitor by the Board in respect of any employment to which this Part of this Act applies.

(3) Notwithstanding section 33(1) of this Act, a solicitor who, in the course of employment to which this Part of this Act applies, acts for a person in receipt of legal aid or advice and assistance shall not be paid out of the Fund for so acting.

28 General provisions relating to employment to which Part V applies

(1) In relation to any solicitor who is employed by the Board in employment to which this Part of this Act applies, and in relation to any work performed, or other thing done or omitted to be done, by any such solicitor in the course of that employment—

(a) the enactments relating to solicitors, and

(b) any rule of law which relates to solicitors, or is applicable to things done, or omitted to be done, by solicitors in their capacity as solicitors,

shall have effect as if the Board were a firm of solicitors.

(2) Nothing in subsection (1) above shall prohibit 2 or more solicitors employed by the Board in employment to which this Part of this Act applies from acting (including acting in any proceedings) for different parties having opposing or otherwise different interests in relation to the same matter.