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The Advice and Assistance (Scotland) Amendment Regulations 2003

S.S.I. 2003/163 · Made 10 March 2003

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 10th March 2003

Laid before the Scottish Parliament 10th March 2003

Coming into force 6th April 2003

The Scottish Ministers, in exercise of the powers conferred by sections 12(3), 37(1) and 42 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. 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. 4Amendment of the Advice and Assistance (Scotland) Regulations 1996
  5. 5Amendment of the Advice and Assistance (Scotland) Regulations 1996
  6. 6Amendment of the Advice and Assistance (Scotland) Regulations 1996
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2003 and shall come into force on 6th April 2003.

2Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 6th April 2003.

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

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

4Amendment of the Advice and Assistance (Scotland) Regulations 1996

For regulation 7(2) substitute–

“(2)

For the purposes of section 42 of the Act, two persons living together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex shall be treated as if they were spouses of each other.”.

5Amendment of the Advice and Assistance (Scotland) Regulations 1996

In regulation 16(2)(b), for “£4,200” substitute “£4,275”f1.

6Amendment of the Advice and Assistance (Scotland) Regulations 1996

In Schedule 2, at the end of paragraph 5 insert–

“(d)

there shall be left out of account any payment made in accordance with the following:–

(a)

payments under the 1992 Act (except statutory sick pay)f1;

(b)

tax credits under the Tax Credits Act 2002f2;

(c)

child maintenance bonusf3;

(d)

child support maintenancef4;

(e)

contribution-based jobseeker’s allowancef5;

(f)

severe disablement allowancef6;

(g)

retirement pensionf7;

(h)

war widow’s and widower’s pension and war disablement pensionf8;

(i)

sums payable to holders of the Victoria Cross or George Cross”.

Signature

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

10th March 2003

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 to provide that–

(a)

for the purposes of calculating financial eligibility for advice and assistance, resources of a person’s partner of the same sex are taken into account (regulation 4);

(b)

a solicitor’s right to prior payment of fees and outlays out of any property recovered or preserved for a client in respect of advice and assistance shall not apply to the first £4,275 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,200) (regulation 5); and

(c)

for the purposes of assessing a person’s disposable capital and income no account is taken of payments made in connection with certain benefits, allowances and tax credits (regulation 6).