Legal Aid (Scotland) Act 1986

41 Interpretation. S

In this Act, unless the context otherwise requires—

• [F1 “the 2011 Act” means the Children's Hearings (Scotland) Act 2011 (asp 1);]

• [F2 “the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019  (asp 7),]

• “advice and assistance” has the meaning given to it in section 6(1) of this Act;

• [F3 “adviser” has the meaning given to it in section 6(2) of this Act;

• “adviser code” means the code of practice in relation to the register of advice organisations for the time being in force under Schedule 1A to this Act;]

• “assistance by way of representation” has the meaning given to it in section 6(1) of this Act;

• “the Board” has the meaning given to it in section 1(1) of this Act;

• [F4 “children's legal aid” has the meaning given to it in section 28B(2) of this Act;

• “children's legal assistance” means—

  (a)

  children's legal aid, and

  (b)

  advice and assistance in relation to children's hearings, pre-hearing panels (as defined in section 79(2)(a) of the 2011 Act) or proceedings under Part 10 or 15 of the 2011 Act [F5 or in relation to proceedings under Part 4 of the 2019 Act]];

• “civil legal aid” has the meaning given to it in section 13(2) of this Act;

• [F6 “the code” means the code of practice in relation to criminal legal assistance for the time being in force under section 25B of this Act;]

• “criminal legal aid” has the meaning given to it in section 21(1) of this Act;

• [F7 “criminal legal assistance” means criminal legal aid and advice and assistance in relation to criminal matters;

• “ document ” includes information recorded in any form;

• “firm” includes an incorporated practice, [F8 a licensed legal services provider,] a sole solicitor and a law centre;]

• “the Fund” has the meaning given to it in section 4(1) of this Act;

• “incorporated practice” has the same meaning as in the M1 Solicitors’ (Scotland) Act 1980;

• [F9 “law centre” means a body—

  (a)

  established for the purpose of providing legal services to the public generally as well as to individual members of the public; and

  (b)

  which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre;]

• “the Law Society” means the Law Society of Scotland;

• “legal aid” means civil legal aid, criminal legal aid, [F10 children's legal aid] or legal aid given in connection with proceedings for contempt of court F11 ...;

• [F12 “licensed legal services provider” and “solicitor investor” are to be construed in accordance with Part 2 of the Legal Services (Scotland) Act 2010;]

• “person”

  (a)

  F13 [ does not include a body corporate or unincorporate, except where such body is acting in a representative, fiduciary or official capacity, so as to authorise legal aid or adive and assistance to be provided to such a body] [F14 ; and

  (b)

  includes a person under the age of sixteen years.]

• [F15 “the Register” means the Register established and maintained under section 25A of this Act;

• [F16 “the register of advice organisations” means the register established and maintained under section 12A of this Act;]

• “ registered firm ” means a firm whose name appears on the Register;

• [F17 “registered organisation” means an organisation whose name appears on the register of advice organisations;]

• “ registered solicitor ” means a solicitor whose name appears on the Register;

• “ sole solicitor ” means a solicitor practising under his own name or as a single solicitor under a firm name; and

• “solicitor connected with a firm” includes a sole solicitor [F18 , a solicitor investor in a firm] and a solicitor who is a partner, director or employee of a firm, and cognate expressions shall be construed accordingly.]

Textual Amendments

F1 S. 41: definition of “the 2011 Act” inserted (31.1.2012) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(a) (with s. 186); S.S.I. 2012/1, art. 2(2)

F2 Words in s. 41 inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(3)(a)

F3 S. 41: definitions of “adviser” and “adviser code” inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(8)(a), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F4 S. 41: definitions “children's legal aid” and “children's legal assistance” inserted (31.1.2012) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(b) (with s. 186); S.S.I. 2012/1, art. 2(2)

F5 Words in s. 41 inserted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 2(3)(b)

F6 Definition in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(a); S.I. 1997/2323, art. 6(2)

F7 Definitions in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(b); S.I. 1997/2323, art. 6(2)

F8 S. 41: words in definition “firm” inserted (2.7.2012) by The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212), regs. 1, 3(3)(a)

F9 Definition in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(c); S.I. 1997/2323, art. 6(2)

F10 S. 41: words in definition “legal aid” inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(c)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F11 S. 41: words in definition “legal aid” repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(8)(c)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F12 S. 41: definition “licensed legal services provider” and “solicitor investor” inserted (2.7.2012) by The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212), regs. 1, 3(3)(b)

F13 S. 41: in the definition of "person" the existing words become para. (a) (1.11.1995) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 40(b) (with s. 103(1)); S.I. 1995/2787, art. 3, Sch.

F14 S. 41: in the definition of "person", para. (b) and preceding word added (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 40(b) (with s. 103(1)); S.I. 1995/2787, art. 3, Sch.

F15 Definitions in s. 41 inserted (1.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 12(10)(d); S.I. 1997/2323, art. 6(2)

F16 S. 41: definition of “the register of advice organisations” inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(8)(b), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F17 S. 41: definition of “registered organisation” inserted (30.7.2007) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 67(8)(c), 82(2) (with s. 77); S.S.I. 2007/335, art. 2(a)

F18 S. 41: words in definition “solicitor connected with a firm” inserted (2.7.2012) by The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212), regs. 1, 3(3)(c)

Marginal Citations

M1 1980 c. 46.