Search Legislation

Legal Aid (Scotland) Act 1986

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Staff

 Help about opening options

Changes to legislation:

Legal Aid (Scotland) Act 1986, Cross Heading: Staff is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
  • s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
  • s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
  • s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
  • s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
  • s. 9A 9B inserted by 2013 asp 3 s. 18(2)
  • s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
  • s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
  • s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
  • s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
  • s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
  • s. 25AC 25AD inserted by 2013 asp 3 s. 20

StaffS

7(1)The Board shall, after consultation with, and subject to the approval of, the Secretary of State, appoint on such terms and conditions as it may determine a person to be the principal officer of the Board.S

(2)The principal officer shall be responsible to the Board for the exercise of its functions.

8(1)Subject to paragraph 9 below, the Board may appoint, on such terms and conditions as it may determine, such other employees as it thinks fit.S

(2)A determination as to terms and conditions under paragraph 7(1) or sub-paragraph (1) above shall be subject to the approval of the Secretary of State F1. . ..

(3)The Board shall, in respect of such of its employees as it may determine, with the approval of the Secretary of State F2. . . make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the Board or otherwise, of one or more pension schemes.

(4)The reference in sub-paragraph (3) above to pensions, allowances or gratuities in respect of employees of the Board includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

(5)If an employee of the Board becomes a member of the Board and was by reference to his employment by the Board a participant in a pension scheme established and administered by it for the benefit of its employees—

(a)the Board may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Board whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 6 above; but

(b)if the Board determines as aforesaid, any discretion as to the benefits payable to or in respect of him which the scheme confers on the Board shall be exercised only with the consent of the Secretary of State F3. . ..

Textual Amendments

F1Words in Sch. 1 para. 8(2) repealed (1.7.1999) by 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 86(6)(c), Pt. IV

9(1)The Board shall, not later than such date as the Secretary of State may determine, make an offer of employment by the Board to each person employed immediately before that date—S

(a)by the Law Society for the purpose of their functions under the M1Legal Aid (Scotland) Act 1967; and

(b)in the civil service of the State wholly or mainly in connection with the assessment of a person’s means under section 4 of that Act.

(2)The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3)For the purposes of sub-paragraph (2) above no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4)An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

Marginal Citations

10(1)Where a person becomes an employee of the Board on acceptance of an offer made under paragraph 9 above, then, for the purposes of [F4the Employment Rights Act 1996], his period of employment with the Law Society or, as the case may be, in the civil service of the State, shall count as a period of employment by the Board, and the change of employment shall not break the continuity of the period of employment.S

(2)Where an offer is made in pursuance of paragraph 9(1) above to any person employed as is mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him and—

(a)where a person employed as is mentioned in sub-paragraph (a) of that paragraph ceases to be so employed—

(i)on becoming a member of the staff of the Board in consequence of that paragraph; or

(ii)having unreasonably refused the offer,

F5. . . he shall not be treated for the purposes of any scheme under section 12 of the M2Legal Aid (Scotland) Act 1967 as having been retired on redundancy;

(b)where a person employed as is mentioned in sub-paragraph (b) of that paragraph ceases to be so employed on becoming a member of the staff of the Board in consequence of that paragraph, he shall not be treated for the purposes of any scheme under section 1 of the M3Superannuation Act 1972 as having been retired on redundancy.

(3)Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 9 above, the Law Society or, as the case may be, the Secretary of State shall not terminate that person’s employment unless it or, as the case may be, he has first had regard to the feasibility of employing him in a suitable alternative position with the Law Society or, as the case may be, in the civil service of the State.

(4)Where a person continues in employment in the Law Society or, as the case may be, the civil service of the State either—

(a)not having unreasonably refused an offer made to him in pursuance of this paragraph, or

(b)having been placed in a suitable alternative position as mentioned in sub-paragraph (3) above,

he shall be treated for all purposes as if the offer mentioned in paragraph 9(1) above had not been made.

Textual Amendments

F4Words in Sch. 1 para. 10(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para.30 (with ss. 191-195, 202)

F5Words in Sch. 1 para. 10(2)(a) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202)

Marginal Citations

11(1)Any dispute as to whether an offer under sub-paragraph (1) of paragraph 9 above complies with sub-paragraph (2) of that paragraph shall be referred to and be determined by an [F6employment tribunal].S

(2)An [F6employment tribunal] shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(3)Subject to sub-paragraph (4) below there shall be no appeal from the decision of an [F6employment tribunal] under this paragraph.

(4)An appeal to the Employment Appeal Tribunal may be made only on a question of law arising from the decision of, or in proceedings before, an [F6employment tribunal] under this paragraph.

Textual Amendments

F6Words in Sch. 1 para. 11 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources