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The Advice and Assistance (Scotland) Amendment Regulations 2005

S.S.I. 2005/111 · Made 2 March 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 2nd March 2005

Laid before the Scottish Parliament 3rd March 2005

Coming into force 11th April 2005

The Scottish Ministers, in exercise of the powers conferred by section 12(3) 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) 1996
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2005 and shall come into force on 11th April 2005.

2Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 11th April 2005.

3Amendment of the Advice and Assistance (Scotland) 1996

(1)

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

(2)

In regulation 16(2)(b), for “£4,395” substitute £4,531”f2.

Signature

HUGH HENRY

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

2nd March 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 to provide that 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 £4,531 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,395).