- Latest available (Revised)
- Original (As enacted)
Legal Aid (Scotland) Act 1986, Section 28M is up to date with all changes known to be in force on or before 21 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Board must establish and maintain a register of—
(a)solicitors who are eligible to provide children's legal assistance, and
(b)the firms with which such solicitors are connected.
(2)A sole solicitor who wishes to provide children's legal assistance must be included in the register maintained under this section both as a solicitor and as a firm.
(3)Only those solicitors who are included in the register maintained under this section may provide children's legal assistance.
(4)Subject to subsection (5), a solicitor may provide children's legal assistance only when working in the course of a connection with a firm included in the register maintained under this section.
(5)Where the Board employs a solicitor under sections 26 and 27 to provide children's legal assistance—
(a)the Board may only employ a solicitor who is included in the register maintained under this section,
(b)the entry in the register relating to the solicitor's name must include a note that the solicitor is so employed,
(c)the Board is not to be regarded as a firm for the purposes of this section and is not required to be included in the register.
(6)The Scottish Ministers may by regulations make provision about qualifications to be held by persons who may be included in the register maintained under this section.
(7)Subsections (5) to (15) of section 25A apply in relation to the register maintained under this section as they apply in relation to the Register subject to the modifications mentioned in subsection (8).
(8)Those modifications are—
(a)subsections (8) and (9) are to be read as if references to the code were references to the code of practice under section 28N for the time being in force, and
(b)subsection (9) is to be read as if the reference to criminal legal assistance were a reference to children's legal assistance.]
Textual Amendments
F1Pts. 5A, 5B inserted (31.1.2012 for s. 28B(2), s. 28M(7) for specified purposes and s. 28N) by Children’s Hearings (Scotland) Act 2011 (asp 1), ss. 191, 206(2) (with s. 186); S.S.I. 2012/1, art. 2(1), sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: