# The Advice and Assistance (Scotland) Amendment Regulations 2003

S.S.I. 2003/163 · made 10 March 2003

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

Made under: Legal Aid (Scotland) Act 1986 (Section 12, Section 37, Section 42)

PDFs: Printed copy https://openlegislation.uk/advice-and-assistance-scotland-amendment-regulations-2003/pdf/ssi_20030163_en.pdf

## Introductory text

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 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 Regulations 2003 and shall come into force on 6th April 2003.

## 2 Application

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.

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

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

## 4 Amendment 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.”.

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

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

## 6 Amendment 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);
(b) tax credits under the Tax Credits Act 2002;
(c) child maintenance bonus;
(d) child support maintenance;
(e) contribution-based jobseeker’s allowance;
(f) severe disablement allowance;
(g) retirement pension;
(h) war widow’s and widower’s pension and war disablement pension;
(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).

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Source: https://www.legislation.gov.uk/ssi/2003/163 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-scotland-amendment-regulations-2003
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.