The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004
S.S.I. 2004/140 · Made 23 March 2004
LEGAL AID AND ADVICE
Made 23rd March 2004
Coming into force 12th April 2004
The Scottish Ministers, in exercise of the powers conferred by sections 11(2), and 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
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1986 c. 47; section 11(2) was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 61, the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 9 and the Access to Justice Act 1999 (c. 22), section 33. 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
- 1Citation, commencement and interpretation
- 2Application
- 3Amendment of the Legal Aid (Scotland) Act 1986
- 4Amendment of the Legal Aid (Scotland) Act 1986
- 5Amendment of the Legal Aid (Scotland) Act 1986
- 6Liability to pay fees or outlays under section 11(2) of the Act
- 7Revocation
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004 and shall come into force on 12th April 2004.
In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.
2Application
These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 12th April 2004.
3Amendment of the Legal Aid (Scotland) Act 1986
For the weekly sum of £192 specified in section 8(a) of the Actf1 substitute the weekly sum of £197.
4Amendment of the Legal Aid (Scotland) Act 1986
For the capital sum of £1,330 specified in section 8 of the Actf1 substitute the capital sum of £1,370.
5Amendment of the Legal Aid (Scotland) Act 1986
For the weekly sum of £81 specified in section 11(2)(a) of the Actf1 substitute the weekly sum of £83.
6Liability to pay fees or outlays under section 11(2) of the Act
The maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Actf1, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column:–
| Disposable income range | Maximum contribution |
|---|---|
1. Exceeding £83 but not exceeding £90 a week | £7 |
2. Exceeding £90 but not exceeding £97 a week | £14 |
3. Exceeding £97 but not exceeding £104 a week | £21 |
4. Exceeding £104 but not exceeding £111 a week | £28 |
5. Exceeding £111 but not exceeding £118 a week | £35 |
6. Exceeding £118 but not exceeding £125 a week | £42 |
7. Exceeding £125 but not exceeding £132 a week | £49 |
8. Exceeding £132 but not exceeding £139 a week | £56 |
9. Exceeding £139 but not exceeding £146 a week | £63 |
10. Exceeding £146 but not exceeding £153 a week | £70 |
11. Exceeding £153 but not exceeding £160 a week | £77 |
12. Exceeding £160 but not exceeding £167 a week | £84 |
13. Exceeding £167 but not exceeding £174 a week | £91 |
14. Exceeding £174 but not exceeding £181 a week | £98 |
15. Exceeding £181 but not exceeding £188 a week | £105 |
16. Exceeding £188 but not exceeding £195 a week | £112 |
17. Exceeding £195 but not exceeding £197 a week | £114 |
7Revocation
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003f1are hereby revoked except in relation to any case where an application for advice and assistance is made before 12th April 2004.
Signature
CATHY JAMIESON
A member of the Scottish Executive
St Andrew’s House, Edinburgh
23rd March 2004
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 12th April 2004–
increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £192 a week to £197 a week (regulation 3);
increase the disposable capital limit for advice and assistance from £1,330 to £1,370 (regulation 4);
increase the weekly disposable income above which a person is required to pay a contribution from £81 to £83 (regulation 5); and
prescribe the scale of contributions to be paid where the weekly disposable income exceeds £83 but does not exceed £197 (regulation 6).
The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 except in relation to any case where an application for advice and assistance is made before 12th April 2004 (regulation 7).