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

omit paragraph 2;

in paragraph 2A(1) omit “in relation to a criminal matter”; and

after paragraph 4 insert—

“4A.

(1)

Subject to sub-paragraph (3), if the person concerned is a child the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985^f1 are to be treated as part of the child’s own resources.

(2)

In sub-paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3)

Sub-paragraph (1) applies only—

(i)

in respect of advice and assistance in relation to non-criminal matters; and

(ii)

if its application in the particular circumstances would not be unjust or inequitable.”.