The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996
S.I. 1996/2447 · Made 19 September 1996 · Extends to Scotland
LEGAL AID AND ADVICE, SCOTLAND
Made 19th September 1996
Laid before Parliament 24th September 1996
Coming into force 7th October 1996
The Secretary of State, in exercise of the powers conferred on him by sections 12(3), 33(2)(b) and (3), 36(1), (2)(a), (d) and (e) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986M1, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, in respect of regulation 7 and Schedule 2, hereby makes the following Regulations:
Annotations to the whole text
Marginal citations
- M1
Contents
- 1Citation and commencement
- 2Interpretation
- 2AManner of applications etc.
- 3Revocations and savings
- 4Applications for advice and assistance
- 4AApplications for advice and assistance: further provision
- 5Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982 or the Hague Convention
- 6Applications on behalf of others
- 7Determination of disposable income or disposable capital
- 8Giving of advice and assistance by solicitor
- 8ACivil Advice and Assistance
- 8BCivil Advice and Assistance
- 8CInformation to be recorded in criminal matters
- 9Determination and collection of contributions
- 10Applicant for advice and assistance having other rights and facilities
- 11Notice to the Board on acceptance of application
- 12Authority to exceed financial limit
- 13Giving of advice and assistance on the same matter
- 14Procedure on withdrawal from giving advice and assistance
- 14AChange of solicitor etc.
- 15Supply of information by solicitors
- 15ASupply of information by clients
- 16Payment of fees and outlays from property recovered or preserved
- 16AInterim payments
- 17Fees and outlays of solicitors
- 18Assessment and taxation of fees and outlays
- 19Client’s right to require taxation
- 20Fees and outlays recoverable from a third party
- 21Right of Board to recover sums paid out of the Fund
- 22Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters
- Signature
- Schedule 1Schedule 1
- Schedule 2: ASSESSMENT OF DISPOSABLE CAPITAL AND DISPOSABLE INCOME
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3: TABLE OF FEES ALLOWABLE TO SOLICITORS
- Part I: TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION
- 1Paragraph 1
- 1ACalculation of fees for time at court and travelling
- 2Interpretation
- 3Petition by debtor for sequestration
- Part II: TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION
- 1Paragraph 1
- 2Interpretation Repealed
- 3Petition by debtor for sequestration
- IIITABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
- IVTABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
- VTABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
- VITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
- VIITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
- VIIITABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 27 AND SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023
- Explanatory note