Handbooks Index


Scottish Legal Assistance Handbook - Legislation 


This section of the Scottish Legal Assistance Handbook contains the Legal Aid (Scotland) Act 1986 and legislation relating to advice and assistance, civil, criminal and children's legal aid and legal aid for contempt of court, as amended.

The handbook includes:

  1. All the changes made by the commencement of sections 64, 65 and 72 of the Legal Profession and Legal Aid (Scotland) Act 2007, and the Criminal Legal Aid (Scotland) Amendment Regulations 2010, all coming into force on 25 November 2010.
  2. The new Civil Legal Aid for Defamation or Verbal Injury Proceedings (Scotland) Direction 2010.
  3. Amendments to the Act (a new section 8A) made by the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010, which came into force on 30 October 2010.
  4. Further amendments to the fixed payment regulations and the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008, and to the Advice and Assistance (Scotland) Regulations 1996, made by the Criminal Legal Assistance (Fees) (No. 2) (Scotland) Regulations 2010. These allow solicitors an increased, or in certain circumstances an additional, fee for providing advice and assistance between 2200 hours and 0700 hours to a person who is being detained under section 14(1) of the Criminal Procedure (Scotland) Act 1995 or who is not being so detained but is nevertheless at a police station for the purposes of questioning. They apply only in relation to a case where criminal legal assistance is first provided to the assisted person on or after 30 September 2010.
  5. On 5 July 2010, amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 and the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 came into force.
  6. In June 2010, amendments to the Act, the advice and assistance regulations, the ABWOR regulations, the civil regulations and the civil fees regulations were made by the Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 1) and (No. 2) (Scotland) Regulations 2010. The No. 1 regulations, as well as containing amendments to existing legislation, include a regulation 3 entitled “Withholding payment in First-tier Tribunal and Upper Tribunal proceeding”.