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The Advice and Assistance (Scotland) Amendment Regulations 1993

S.I. 1993/533 · Made 5 March 1993

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, SCOTLAND

Made 5th March 1993

Laid before Parliament 11th March 1993

Coming into force 1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 33(2)(b) and (3) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling him in that behalf hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the principal Regulations
  4. 4Amendment of the principal Regulations
  5. 5Amendment of the principal Regulations
  6. Signature
  7. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 1993 and shall come into force on 1st April 1993.

2Interpretation

In these Regulations, “the principal Regulations” means the Advice and Assistance (Scotland) Regulations 1987f1.

3Amendment of the principal Regulations

In regulation 5(2) of the principal Regulations, there shall be substituted for the words “the right of a minor” the words “any right of a child”.

4Amendment of the principal Regulations

Part I of Schedule 3 to the principal Regulationsf1 shall be amended as follows:—

(a)

there shall be inserted at the beginning of the first paragraph of the Table of Fees the following words:—

“1

Subject to paragraph 3 of this Part,”;

(b)

under the heading “Interpretation”, there shall be substituted for the words “In this Table” the following:—

“2

In paragraph 1 of this Part”; and

(c)

there shall be inserted at the end of Part I the following paragraph:—

“Petition by debtor for sequestration

3

The fees allowable to a solicitor for providing assistance by way of representation in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985f2 shall be—

(a)

£27.40 for any time spent by a solicitor appearing in court in connection with the petition; and

(b)

£45 for all other work in connection with the petition.”.

5Amendment of the principal Regulations

The amendments to the principal Regulations made by regulation 4 of these Regulations shall apply only to work done on or after 1st April 1993.

Signature

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

5th March 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1987 (“the principal Regulations”).

Regulation 3 amends the reference to “the right of a minor” to apply for advice and assistance in consequence of the Age of Legal Capacity (Scotland) Act 1991 (c. 50).

Regulation 4 amends the provisions of Part I of Schedule 3 to the principal Regulations by making provision in the table of fees allowable to solicitors for assistance by way of representation for the fees allowable in relation to a petition by a debtor for the sequestration of his estate under the Bankruptcy (Scotland) Act 1985 (c. 66), as amended by the Bankruptcy (Scotland) Act 1993 (c. 6). The amendments only apply to work done on or after 1st April 1993 by virtue of regulation 5.