Legal Aid Act 1988
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Change 1
SCHEDULE 4 Amendments of Legal Aid (Scotland) Act 1986 (c. 47)
Section 44. Part I Direct payment of fees and outlays by legally assisted person 1 In section 4(2) (payments out of the Scottish Legal Aid Fund)— (a) in paragraph (a), after the word “due ” there shall be inserted the words “out of the Fund ”. (b) in paragraph (c), the words “for the purposes of this Act ” are repealed. 2 In section 16— (a) subsection (1) is repealed; (b) in subsection (2), the words “In this section and ” are repealed. 4 In section 32 (a) (restriction on payment etc.), the words “, out of the Fund ” are repealed. 6 In section 36(2) (regulations), in paragraph (b) at end add— and the power to substitute different amounts for the amount specified in section 10(2) of this Act includes power to substitute different amounts in relation to different cases or classes of case . Part II Liability of legally assisted person for expenses to be assessed in all cases 7 In section 18 (expenses)— (a) subsection (1) is repealed; (b) in subsection (2), for the words “in proceedings to which this section applies ”, there shall be substituted the words “in any proceedings ”. 8 In section 19(1) (expenses out of the Fund), for the words “to which this section applies ” there shall be substituted the words “to which a legally assisted person is party and which are finally decided in favour of an unassisted party ”. 9 In section 20(1) (supplementary), for the words “sections 18 and ” there shall be substituted the word “section ”. Part III Board’s property to be rateable 10 In Schedule 1, paragraph 2(4) is repealed.
SCHEDULE 4 Amendments of Legal Aid (Scotland) Act 1986 (c. 47)
Section 44. Part I Direct payment of fees and outlays by legally assisted person 1 In section 4(2) (payments out of the Scottish Legal Aid Fund)— (a) in paragraph (a), after the word “due ” there shall be inserted the words “out of the Fund ”. (b) in paragraph (c), the words “for the purposes of this Act ” are repealed. 2 In section 16— (a) subsection (1) is repealed; (b) in subsection (2), the words “In this section and ” are repealed. 4 In section 32 (a) (restriction on payment etc.), the words “, out of the Fund ” are repealed. 6 In section 36(2) (regulations), in paragraph (b) at end add— and the power to substitute different amounts for the amount specified in section 10(2) of this Act includes power to substitute different amounts in relation to different cases or classes of case . Part II Liability of legally assisted person for expenses to be assessed in all cases 7 In section 18 (expenses)— (a) subsection (1) is repealed; (b) in subsection (2), for the words “in proceedings to which this section applies ”, there shall be substituted the words “in any proceedings ”. 8 In section 19(1) (expenses out of the Fund), for the words “to which this section applies ” there shall be substituted the words “to which a legally assisted person is party and which are finally decided in favour of an unassisted party ”. 9 In section 20(1) (supplementary), for the words “sections 18 and ” there shall be substituted the word “section ”. Part III Board’s property to be rateable 10 In Schedule 1, paragraph 2(4) is repealed.
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