Board structure and Committee Membership

The Board has set up the following standing committees:

• Legal Services Policy Committee
• Legal Services Cases Committee
• Audit Committee
• Remuneration and Appointments Committee

Details on the remit and membership of these committees are set out below.

Legal Services Policy Committee

The primary purpose of the Legal Services Policy Committee is to provide policy guidance on the operation of legal assistance. In doing this, the Committee:

• review the adequacy of current legal aid policy guidance and the operation of legal aid practices;
  
• give policy guidance on application of the statutory tests and on significant changes in procedures which affect the handling and determination of applications and accounts in such circumstances as the Committee considers appropriate
  
• identify significant issues to be raised with the Law Society, the Faculty of Advocates or the Executive affecting the operation of policy or procedures

• keep under review the operation of the 1986 Act and associated regulations and make recommendations to the Board for change where appropriate

• keep under review changes to the justice system and legislation which affect the operation of the 1986 Act and associated regulations

• the Committee will also consider any cases referred to it by the Legal Aid Cases Committee or where the Legal Services Policy Committee is required to consider review applications arising from cases initially considered by the Legal Aid Cases Committee.

Membership:

• Sheriff Kenneth Ross - Convener
• Iain A Robertson CBE, Chairman
• Graham Bell QC
• Joseph Hughes
• David Nicol
• Elaine Rosie
• Graham Watson
• Lindsay Montgomery, Chief Executive

Legal Services Cases Committee

The purpose of the Legal Aid Cases Committee is to consider sensitive, high profile, high value or other specified types of case either at first instance or on review. The Committee deals with:

• applications for legal aid to appeal to the House of Lords
  
• applications for legal aid to sue solicitors arising out of professional negligence where there is a split decision between reporters
  
• applications for legal aid to raise an action against the Board
  
• applications for legal aid referred by the Legal Services Department or external reporters, including cases which may be potentially high cost, high profile,or sensitive in nature for decision or advice from the Committee
  
• the Committee may be asked from time to time to consider significant legal aid accounts
  
• identifying policy or procedural issues for consideration by the Legal Services Policy Committee or the Executive.

Membership:

• David Nicol - Convener
• Iain A Robertson CBE, Chairman
• Les Campbell
• Denise Loney
• Paul McBride QC
• Susan McPhee
• Ellen Morton
• Tom Murray, Director of Legal Services
• Co-opted members - read more about who these members are

Audit Committee

The purpose of the Audit Committee is to advise the Accountable Officer of the Board on:

• the truth and fairness of the financial statements
  
• the adequacy of the corporate governance arrangements in relation to risk management and internal control
  
• the adequacy of the internal and external audit arrangements

To achieve these purposes the Audit Committee considers:

• the Board’s mechanisms for the assessment and management of risk
  
• the planned activity of internal audit and the results of this activity
  
• the planned activity of external audit and the results of this activity
  
• adequacy of management response to issues identified by audit
  
• assurances relating to the corporate governance requirements of the organisation
  
• the adequacy of arrangements for protecting the legal aid fund from fraud or abuse.

The Audit Committee will:

• recommend approval of the Annual Accounts to the Board and the Accountable Officer and provide advice on the Board’s accounting policies
  
• consider the Board’s arrangements for compliance with the Board’s Code of Practice for Criminal Practitioners
  
• review the Board’s approach to the investigation of complaints against solicitors, advocates or applicants for legal assistance
  
• review the adequacy of the Board’s staffing arrangements in relation to Internal Audit
  
• review any criticisms of management that arise and inform the Chief Executive and Board accordingly, and in cases which affect the Chief Executive discuss the matter with the Chairman of the Board.

Membership

• Les Campbell - Convener
• Iain A Robertson CBE, Chairman
• Les Campbell
• Joesph Hughes
• Susan McPhee
• David Nicol
• Sheriff Kenneth Ross
• Graham Watson

Remuneration and Appointments Committee

The purpose of the Remuneration & Appointments Committee is to consider the remuneration etc of the Board’s senior staff and to take an overview of appointments and remuneration issues. Specifically the Committee will:

• agree the Board’s pay remit to be submitted to the Scottish Executive
  
• consider the strategic implications of staff pay and reward policies including pensions arrangements for the Board
  
• consider remuneration and terms and conditions for the Chief Executive and Directors, including annual bonuses
  
• consider and advise, in consultation with the Chief Executive, appraisals and succession planning for the Executive Team.

Membership

• Graham Watson - Convener
• Iain A Robertson CBE, Chairman
• Sheriff Kenneth Ross