Advice and assistance (including ABWOR) cannot generally be transferred but the regulations provide an exception in connection with summary criminal ABWOR [regulation 14A of The Advice and Assistance (Scotland) Regulations 1996].

14A.—(1) Where the solicitor who is providing assistance by way of representation in relation to a summary criminal matter has been required by the client to cease to act (other than where paragraph (2) below applies), the solicitor is to–

(a)notify the Board of that fact; and

(b)provide it with a statement of the circumstances so far as known to the solicitor.

(2) Where a client who is being provided assistance by way of representation in relation to a summary criminal matter wishes to have it provided by a different solicitor, the client is to–

(a)  apply to the Board for authority to have that solicitor provide the assistance; and

(b) inform it of any reason for the application.

(3) The Board may grant an application under paragraph (2) above if it is satisfied that there is a good reason for the application.”

The same procedures apply to a transfer of ABWOR as for a transfer of summary criminal legal aid.

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