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

S.S.I. 2005/339 · made 9 June 2005

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.

Made under: Legal Aid (Scotland) Act 1986 (Section 36)

PDFs: Printed copy https://openlegislation.uk/advice-and-assistance-scotland-amendment-no-3-regulations-2005/pdf/ssi_20050339_en.pdf

## Introductory text

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 1986, and of all other powers enabling them in that behalf, hereby make the following Regulations:

## 1 Citation 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.

## 2 Application

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.

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

(1) The Advice and Assistance (Scotland) Regulations 1996 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 2000, 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.

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Source: https://www.legislation.gov.uk/ssi/2005/339 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-scotland-amendment-no-3-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.