Textual Amendments
F1Ss. 33ZB, 33ZC and cross-heading inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 35(4), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))
(1)A claim for interim payment may be submitted to the Board by—
(a)a solicitor who is acting for a person by providing legal aid or advice and assistance under this Act,
(b)counsel who is acting for a person by providing legal aid under this Act.
(2)A claim for interim payment must—
(a)be submitted in the manner specified by the Board,
(b)include a declaration from the solicitor or (as the case may be) counsel that the sum claimed does not exceed the sum that the solicitor or counsel would expect to be paid under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.
(3)If a claim for interim payment is submitted to the Board, the sum claimed must be paid out of the Fund in accordance with section 4(2)(ad) to the solicitor or counsel who submitted the claim.
(4)But the Board may reject the claim if it appears to it that the sum claimed is likely to exceed the sum it would expect to be payable to the solicitor or counsel under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance.
(5)In forming an expectation about the sum payable under section 4(2)(a), for the purposes of subsections (2) and (4), no account is to be taken of the deduction that would be made under section 33(6) if the claim for interim payment were met.]