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The Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002

S.S.I. 2002/329 · Made 24 June 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 24th June 2002

Coming into force 1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(b) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendment of the Legal Aid (Scotland) Act 1986
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002 and shall come into force on 1st July 2002.

2Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 1st July 2002.

3Amendment of the Legal Aid (Scotland) Act 1986

In section 8 of the Legal Aid (Scotland) Act 1986f1 (availability of advice and assistance), for “£1,000” there is substituted “£1,300”.

4Revocation

Regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992f1 is hereby revoked except in relation to any case where an application for advice and assistance is made before 1st July 2002.

Signature

R J SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th June 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 1st July 2002, increase the disposable capital limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £1,000 to £1,300 (regulation 3).

The Regulations also revoke regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992 (which prescribed the previous disposable capital limit of £1,000) except in relation to any case where an application for advice and assistance is made before 1st July 2002 (regulation 4).