LEGAL AID AND ADVICE Citation and commencement 1 1 These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2007. 2 Subject to paragraph (3), the Regulations shall come into force on 1st May 2007. 3 This regulation and regulations 2 and 7 shall come into force on 9th April 2007. Application 2 1 Subject to paragraph (2), these Regulations shall apply only in relation to any case where an application for advice and assistance in relation to a civil matter is made on or after 1st May 2007. 2 Regulation 7 shall apply only in relation to any case where an application for advice and assistance is made on or after 9th April 2007. Amendment of the Advice and Assistance (Scotland) Regulations 1996 3 The Advice and Assistance (Scotland) Regulations 1996 are amended in accordance with the following Regulations. 4 In regulation 2(1), at the appropriate places, insert– “diagnostic interview” means a meeting or meetings between a solicitor and a client, or as the case may be a person acting on behalf of a client in accordance with regulation 6, and any work reasonably and necessarily following on from any such meeting to include any further work which for the purpose of the provision of advice and assistance relates to a matter, or a range of matters, which are not distinct; and “distinct matter”, in relation to advice and assistance concerning civil matters only, shall be construed in accordance with regulation 8A(2); . 5 After regulation 8, insert– Civil Advice and Assistance 8A 1 Where a solicitor approves an application for advice and assistance in relation to a civil matter under Part II of the Act, the solicitor shall determine whether or not the advice and assistance relates to a distinct matter. 2 Subject to paragraphs (3) and (4), an application for advice and assistance relates to a distinct matter if the subject matter of the application is determined by the Board, in accordance with guidance issued by it, to be treated as distinct. 3 Any determination by the Board as to the matters which are or are not to be treated as distinct matters may only be made following consultation with the Law Society . 4 Where a matter has been determined by the Board to be treated as a distinct matter, the Board may not determine that the matter is no longer to be so treated unless the Scottish Ministers consent(a). 5 Where the subject matter to which the advice and assistance relates is a distinct matter the solicitor may approve one application for advice and assistance which shall include– a all distinct matters reasonably ancillary thereto; and b all matters reasonably ancillary thereto which are not distinct. 8B 1 Where the subject matter to which the advice and assistance relates is not distinct, the solicitor shall give advice and assistance to the client by way of a diagnostic interview. 2 Where a client has more than one subject matter upon which he seeks advice and assistance, none of which is distinct, the solicitor may approve one application for advice and assistance for all such matters. 3 Where a solicitor, having approved and proceeded to provide advice and assistance by way of a diagnostic interview, considers that a subject matter which is not distinct should be treated as if it were so, then he may make application to the Board for the subject matter to be so treated. 4 On receipt of an application under paragraph (3), the Board shall– a determine that the subject matter should be so treated; or b reject the application, as the Board thinks fit. 5 Where a client has more than one subject matter upon which he seeks advice and assistance and the advice and assistance relates to both distinct matters and matters which are not distinct and which are not reasonably ancillary to the distinct matters then the solicitor shall keep a separate record of the advice and assistance given by way of a diagnostic interview. . 6 In regulation 13, at the end, insert– 3 Subject to paragraph (4), no second or further diagnostic interview is allowable during the period of 3 months immediately following the approval of advice and assistance by way of a diagnostic interview. 4 In exceptional circumstances and on cause shown a second or further diagnostic interview may be allowable during said period of 3 months, upon application to, and approval by, the Board. 5 The Board shall approve or refuse any such application, as it thinks fit. . 7 In regulation 16(2)(b), for “£4,653”, substitute “£4,821” . 8 In regulation 18, after paragraph 3, insert– 3A Where the solicitor has given advice and assistance by way of a diagnostic interview then he shall, within 3 months of the date when the giving of the advice and assistance was completed, submit an account to the Board separate from any account or accounts submitted under paragraph (1). No account supplementary to that provided for in this paragraph may be submitted. . 9 In Part II of Schedule 3, in paragraph 2, insert– a at the beginning “(1) Subject to sub paragraph (2),”; and b at the end “(2) No fee shall be allowable under sub paragraph (1) in respect of advice and assistance given in relation to civil matters.”. JOHANN M LAMONT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th February 2007