The Legal Aid (Scotland) (Children) Amendment Regulations 1994

• Citation: S.I. 1994/1017
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Legal Aid (Scotland) (Children) Amendment Regulations 1994 and shall come into force on 5th May 1994.

Section 2 Interpretation

In these Regulations–

“ the Act ” means the Legal Aid (Scotland) Act 1986;

“the principal Regulations ” means the Legal Aid (Scotland) (Children) Regulations 1987( ).

Section 3 Application

These Regulations shall apply only in relation to any case where an application for legal aid under section 29 of the Act( ) is granted on or after 5th May 1994.

Section 4 Amendment of the principal Regulations

In regulation 2 of the principal Regulations (interpretation)–

(a) at the beginning, there shall be inserted “(1)”;

(b) for the definitions of “counsel” and of “junior counsel” and “junior”, there shall be substituted–

“counsel” includes a solicitor-advocate;

“junior counsel” includes a junior solicitor-advocate;

(c) for the definition of “rights of audience solicitor” to the end, there shall be substituted–

“right of audience” means in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council, which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980( );

“senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;

“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

(2) For the purposes of these Regulations, a solicitor-advocate shall be–

(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the Board has authorised the employment of senior counsel under regulation 10(1)(a) or (2) below; and

(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has -authorised the employment of senior counsel in the case.

Section 5 Revocation

Regulation 3 of the Legal Aid (Scotland) (Children) Amendment Regulations 1993( ) is hereby revoked.