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The Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2005

S.S.I. 2005/339 · Made 9 June 2005

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 9th June 2005

Laid before the Scottish Parliament 9th June 2005

Coming into force 1st July 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 36(1), (2)(a), (d) and (h) and (3)(bb) of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 36 was relevantly amended by the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 19. 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 Advice and Assistance (Scotland) Regulations 1996
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment (No. 3) Regulations 2005 and shall come into force on 1st July 2005.

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 2005.

3Amendment of the Advice and Assistance (Scotland) Regulations 1996

(1)

The Advice and Assistance (Scotland) Regulations 1996f1 are amended in accordance with the following paragraph.

(2)

In regulation 7, at the end insert–

“(4)

For the purpose of determining a client’s disposable income and disposable capital, and the amount of any contribution required under section 11 of the Act, where an application for advice and assistance is made by a person and where the person is concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the Adults with Incapacity (Scotland) Act 2000f2, the personal resources of the person making an application for advice and assistance shall be disregarded and the determination shall be made by reference to the personal resources of the incapable adult.”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

9th June 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 so as to provide that the disposable income and disposable capital of incapable adults, as defined by section 1(6) of the Adults with Incapacity (Scotland) Act 2000, is taken into account by the Board in cases where advice and assistance applications relating to incapable adults are made.

These Regulations apply to new cases where advice and assistance is granted on or after 1st July 2005.