Part VI Miscellaneous
Solicitors and counsel
31 Solicitors and counsel.
C1C2C3C41
F1Subject to subsection (1A) below, a person to whom legal aid or advice and assistance is made available may select—
a
the solicitor to advise or act for him; and
b
if the case requires counsel, F2or a solicitor holding rights of audience by virtue of section 25A (rights of audience) of the Solicitor (Scotland) Act 1980, his counsel or such a solicitor,
and he shall be entitled to make the selection himself.
F31A
Subsection (1) above is subject to—
a
section 25A(3) of this Act;
F17aa
section 28M(3),
b
section 30(2) of this Act;
c
regulations made under section 28A(6) of this Act;
d
regulations made under section 33A(4) of this Act; F4 . . .
F18da
regulations made under section 33B(4),
e
regulations made under subsection (9) below F6; and
f
2
Nothing in subsection (1) above shall prejudice any right of a solicitor or advocate to refuse or give up a case or to entrust it to another solicitor or advocate.
3
The F11Board may decide to exclude any advocate or solicitor either from being selected under subsection (1) above, or from giving advice and assistance to or from acting for a person to whom legal aid is made available on the ground that there is good reason for excluding him arising out of—
a
his conduct when acting or selected to act for persons to whom legal aid or advice and assistance is made available;
b
his professional conduct generally;
c
in the case of a member of a firm of solicitors or a director of an incorporated practice, such conduct on the part of any person who is for the time being a member of the firm or a director of the practice.
F16d
in the case of a solicitor investor in a licensed legal services provider, such conduct on the part of any person who is for the time being a solicitor investor in it.
4
The F12Board may decide to exclude a solicitor or advocate under subsection (3) above in respect of any specified period or without limit of time.
5
A solicitor or advocate who is aggrieved by a decision of the F13Board under subsection (3) above may appeal against his exclusion or the period of such exclusion to the Court of Session; and the court in determining such an appeal may make such order as it thinks fit.
F146
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7
Except in so far as expressly provided under this Act, the fact that the services of counsel or a solicitor are given by way of legal aid or advice and assistance shall not affect the relationship between or the respective rights in that connection of counsel, solicitor and client.
8
The Board may arrange that, in such circumstances as it may specify, a solicitor shall be available for the purposes of providing legal aid or advice and assistance.
9
Where a solicitor is available as is mentioned in subsection (8) above, the Secretary of State may, by regulations made under this section, provide that—
a
subsection (1) above shall not apply; and
b
F9Subject to subsection (11) below, legal aid or, as the case may be, advice and assistance shall be provided only by the solicitor so made available.
F1510
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F1011
Nothing in subsection (9)(b) above shall enable the Secretary of State to make regulations authorising the granting of legal aid only to solicitors holding rights of audience under section 25A (rights of audience) of the Solicitors (Scotland) Act 1980.