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Legal Aid (Scotland) Act 1986
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- UK Public General Acts
- 1986 c. 47
- Part V
- Section 28A
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Changes over time for: Section 28A
Version Superseded: 13/12/2010
Alternative versions:
- 01/10/1997- Amendment
- 06/07/2001- Amendment
- 27/06/2003- Amendment
- 27/06/2003
Point in time - 13/12/2010- Amendment
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Point in time view as at 27/06/2003. This version of this provision has been superseded.
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Legal Aid (Scotland) Act 1986, Section 28A is up to date with all changes known to be in force on or before 20 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F128A Power of Board to employ solicitors to provide criminal assistance.S
(1)The Secretary of State may, in accordance with the provisions of this section, provide for the carrying out of a study into the feasibility of providing criminal legal assistance by means of solicitors employed directly by the Board and, accordingly, may by regulations made under this section empower the Board to employ solicitors for the purpose of providing criminal legal assistance.
(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The provisions of paragraph 8 of Schedule 1 to this Act shall apply to solicitors employed by the Board by virtue of this section as they apply to employees appointed by the Board under that paragraph.
(5)Regulations made by the Secretary of State under this section may make such provision as appears to him to be appropriate for the purposes of this section and, without prejudice to the generality of the foregoing, may—
(a)specify in which area or areas employed solicitors are to be used; and
(b)make different provision in relation to different areas.
(6)Regulations under this section may provide that where the Board has by virtue of this section employed solicitors to provide criminal legal assistance in any area, the Board may, subject to subsection (7) below, require as many of the persons seeking criminal legal assistance in that area as it considers appropriate to instruct the solicitors employed by it.
(7)In requiring persons seeking criminal legal assistance to instruct solicitors employed by the Board, the Board shall, where there is or may be a conflict of interest, make provision for any particular person to be re-allocated to another solicitor or, where registration is in force, to a registered solicitor in the area.
(8)Regulations made under this section may make such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient.
(9)Sections 26, 27 and 28 of this Act shall not apply in relation to solicitors employed by the Board by virtue of this section.
[F3(9A)Before 31st December 2008, the Scottish Ministers shall lay before the Parliament a report on the progress of the feasibility study.]
(10)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F5(15)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 28A inserted (1.10.1997) by 1997 c. 48, s. 50; S.I. 1997/2323, art. 6, Sch. 3
F2S. 28A(2)(3) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F3S. 28A(9A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
F4S. 28A(10)-(15) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 73(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
F5S. 28A(15) inserted (6.7.2001) by 2001 asp 7, ss. 9(7)(b), 15(3)
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