2018 No. 193
Legal Aid And Advice

The Legal Aid (Employment of Solicitors) (Scotland) Amendment Regulations 2018

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26(1) of the Legal Aid (Scotland) Act 19861, and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Legal Aid (Employment of Solicitors) (Scotland) Amendment Regulations 2018 and come into force on 27th September 2018.

Amendment of the Legal Aid (Employment of Solicitors) (Scotland) Regulations 20012.

For regulation 3 of the Legal Aid (Employment of Solicitors) (Scotland) Regulations 20012 substitute—

“3.

The Board may employ a solicitor for any of the following purposes:—

(a)

giving advice and assistance to which Part II of the Act applies;

(b)

acting for persons receiving legal aid; and

(c)

providing any such services as are mentioned in section 26(2) of the Act.”

ANNABELLE EWING
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Employment of Solicitors) (Scotland) Regulations 2001.

Regulation 2 replaces the requirement that solicitors must be employed by the Scottish Legal Aid Board (“the Board”) for the purpose of providing services for, or in connection with, any organisation but only where the Board has received a written request from the organisation for the services of a solicitor and the Board is satisfied that the services of a solicitor would enhance the services offered by that organisation. Instead the Board may employ solicitors for the purpose of giving advice and assistance, acting for persons receiving legal aid or assisting a local organisation concerned with the giving of advice or guidance.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government, Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG, and online at www.legislation.gov.uk.