http://www.legislation.gov.uk/ukpga/1986/47/section/39Legal Aid (Scotland) Act 1986An Act to establish the Scottish Legal Aid Board and the Scottish Legal Aid Fund; to make new provision in connection with the availability of criminal legal aid in Scotland; to repeal and re-enact with modifications certain enactments relating to legal aid and to advice and assistance in Scotland; and for connected purposes.1986-07-25texttext/xmlenStatute Law Database2024-05-23Expert Participation2024-04-30Legal Aid (Scotland) Act 1986s. 4(2)(aba)(abb)Legal Profession and Legal Aid (Scotland) Act 2007s. 75(2)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 4(2)(ba)Legal Profession and Legal Aid (Scotland) Act 2007s. 70(1)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 4(3)(ca)(cb)Legal Profession and Legal Aid (Scotland) Act 2007s. 75(3)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 10(1A)(1B)Legal Profession and Legal Aid (Scotland) Act 2007s. 69(3)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 12C and cross-headingLegal Profession and Legal Aid (Scotland) Act 2007s. 70(2)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 17(2C)-(2I)Legal Profession and Legal Aid (Scotland) Act 2007s. 75(4)s. 77s. 82(2)Legal Aid (Scotland) Act 1986s. 4(2)(aba)The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011art. 5(2)(a)art. 2(2)Legal Aid (Scotland) Act 1986s. 4(2)(abb)The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011art. 5(2)(b)art. 2(2)Legal Aid (Scotland) Act 1986s. 17(2DA)(2DB)The Legal Profession and Legal Aid (Scotland) Act 2007 (Modification and Consequential Provisions) Order 2011art. 5(3)art. 2(2)Legal Aid (Scotland) Act 1986s. 9A9BScottish Civil Justice Council and Criminal Legal Assistance Act 2013s. 18(2)s. 25(2)Legal Aid (Scotland) Act 1986s. 25AA(5)-(9)Scottish Civil Justice Council and Criminal Legal Assistance Act 2013s. 21s. 25(2)Legal Aid (Scotland) Act 1986s. 25AC25ADScottish Civil Justice Council and Criminal Legal Assistance Act 2013s. 20s. 25(2)Legal Aid (Scotland) Act 1986s. 21(1)(a)(iza)Victims, Witnesses, and Justice Reform (Scotland) Act 2025sch. 5 para. 1(2)s. 116(2)Legal Aid (Scotland) Act 1986s. 21(5)Victims, Witnesses, and Justice Reform (Scotland) Act 2025sch. 5 para. 1(3)s. 116(2)Legal Aid (Scotland) Act 1986s. 22(1)(df)Victims, Witnesses, and Justice Reform (Scotland) Act 2025sch. 5 para. 1(4)s. 116(2)Legal Aid (Scotland) Act 1986s. 28B(3)(da)Children (Care, Care Experience and Services Planning) (Scotland) Act 2026s. 58(2)s. 70(2)Legal Aid (Scotland) Act 1986s. 28C(1)(da)Children (Care, Care Experience and Services Planning) (Scotland) Act 2026s. 58(3)(a)s. 70(2)Part VI Miscellaneous Rights of indemnity
39 Adaptation of rights to indemnity.(1)

This section shall have effect in relation to any right (however and whenever created or arising) which a person may have to be indemnified against expenses incurred by him in connection with any proceedings.

(2)

In determining in respect of any such right the reasonableness of any expenses, the possibility of avoiding them or part of them by taking advantage of the provisions of this Act shall be disregarded.

(3)

Where a person, having any such right to be indemnified against expenses, receives legal aid in connection with the proceedings, then the right shall enure also for the benefit of the Fund as if the expenses incurred by the Fund on his behalf in connection with the proceedings had been incurred by him.

(4)

Where—

(a)

such a right to be indemnified against expenses arises by virtue of an agreement and is subject to any express provision conferring on those liable under the agreement any right with respect to the bringing or conduct of the proceedings; and

(b)

those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity,

the right to be indemnified shall be treated, for the purposes of subsection (3) above, as not being subject to that provision.