Legal Aid (Scotland) Act 1986
Act of the Parliament of the United Kingdom
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The Legal Aid (Scotland) Act 1986 (c. 47) is an act of the Parliament of the United Kingdom that established the Scottish Legal Aid Board and the Scottish Legal Aid Fund, made new provision for criminal legal aid in Scotland, and repealed and re-enacted with modifications enactments relating to legal aid and advice and assistance in Scotland.[1]
| Act of Parliament | |
| Long title | An 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. |
|---|---|
| Citation | 1986 c. 47 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 25 July 1986 |
| Commencement | |
| Other legislation | |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
| Relates to | |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Legal Aid (Scotland) Act 1986 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
Repealed enactments
Section 45(3) of the act repealed 15 enactments, listed in schedule 5 to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1967 c. 43 | Legal Aid (Scotland) Act 1967 | The whole act. |
| 1968 c. 49 | Social Work (Scotland) Act 1968 | Section 53. Schedule 4. |
| 1972 c. 11 | Superannuation Act 1972 | Section 18(2). |
| 1972 c. 18 | Maintenance Orders (Reciprocal Enforcement) Act 1972 | Section 32(9)(e). |
| 1972 c. 50 | Legal Advice and Assistance Act 1972 | The whole act. |
| 1973 c. 41 | Fair Trading Act 1973 | In section 43(1), paragraph (b). Section 43(2). |
| 1975 c. 20 | District Courts (Scotland) Act 1975 | Section 21. |
| 1977 c. 38 | Administration of Justice Act 1977 | Section 1(2). In Schedule 1, Part II. |
| 1979 c. 26 | Legal Aid Act 1979 | Part II. Section 12(2). In section 14(2), the words "and may be cited together with the Act of 1967 and the Act of 1972 as the Legal Aid and Advice (Scotland) Acts 1967 to 1979.". Section 14(3)(b). In section 14(4), the words ", or as the case may be the Secretary of State". Section 14(5)(b). In Schedule 1, paragraphs 1 to 8. |
| 1980 c. 30 | Social Security Act 1980 | In Schedule 4, paragraph 4. |
| 1980 c. 55 | Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 | Section 26. |
| 1980 c. 62 | Criminal Justice (Scotland) Act 1980 | Section 10(4). |
| 1981 c. 49 | Contempt of Court Act 1981 | Section 13(4). In Schedule 2, Part II. |
| 1982 c. 27 | Civil Jurisdiction and Judgments Act 1982 | Section 40(2). |
| 1983 c. 12 | Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 | Section 3. In the Schedule, paragraph 11 and paragraphs 14 to 17. |
Subsequent developments
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 made significant amendments to the act, including to the provisions governing the availability of civil legal aid. The Legal Profession and Legal Aid (Scotland) Act 2007 further amended the act, notably by inserting new provisions relating to the regulation of the Scottish Legal Aid Board's functions.
Notes
- Section 46(1).
- Section 46(4). Section 18(3) extends to the whole of the United Kingdom.