
1 
These Regulations may be cited as the Legal Aid (Scotland) (Children) Amendment Regulations 1994 and shall come into force on 5th May 1994.
2 
In these Regulations–
 “the Act” means the Legal Aid (Scotland) Act 1986;
 “the principal Regulations” means the Legal Aid (Scotland) (Children) Regulations 1987().
3 
These Regulations shall apply only in relation to any case where an application for legal aid under section 29 of the Act() is granted on or after 5th May 1994.
4 
In regulation 2 of the principal Regulations (interpretation)–
(a) at the beginning, there shall be inserted “(1)”;
(b) for the definitions of “counsel” and of “junior counsel” and “junior”, there shall be substituted–“
 “counsel” includes a solicitor-advocate;
 “junior counsel” includes a junior solicitor-advocate;”; and
(c) for the definition of “rights of audience solicitor” to the end, there shall be substituted–“
 “right of audience” means in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council, which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980();
 “senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;
 “solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (2) below;and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.
(2) For the purposes of these Regulations, a solicitor-advocate shall be–
(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the Board has authorised the employment of senior counsel under regulation 10(1)(a) or (2) below; and
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has -authorised the employment of senior counsel in the case.”.
5 
Regulation 3 of the Legal Aid (Scotland) (Children) Amendment Regulations 1993() is hereby revoked.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
31st March 1994