{
  "url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-2",
  "json_url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-2.json",
  "legislation": "uksi/1996/2447",
  "legislation_title": "The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996",
  "legislation_url": "https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations, unless the context otherwise requires–\n“the Act\" means the Legal Aid (Scotland) Act 1986;\n“the 1992 Act\" means the Social Security Contributions and Benefits Act 1992 ;\n“the 1996 Act” means the Employment Tribunals Act 1996;\n“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;\n“the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021;\n“the 2022 Act” means the Social Security (Additional Payments) Act 2022;\n“the 2023 Act” means the Social Security (Additional Payments) Act 2023;\n“the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;\n“additional payment” means a payment within the meaning given in section 9(1) (interpretation) of the 2022 Act or that given in section 10(1) (interpretation) of the 2023 Act;\n“advice and assistance\" means advice and assistance given under Part II of the Act;\n“auditor\" in relation to the taxation of accounts means the auditor of a sheriff court;\n“care leaver payment” means care experience assistance paid by virtue of regulations made under section 93A(1) of the Social Security (Scotland) Act 2018,\n“carer support ...” means carer’s assistance payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,\n“child” means a person under the age of 16 years, except in relation to—\n(a)any hearings or proceedings under the 2011 Act, where “child” has the meaning in section 199 of that Act, or\n(b)proceedings under Chapter 3 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, where “child” has the meaning in section 39(3) of that Act,\n“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);\n“diagnostic interview” means a meeting or meetings between a solicitor and a client, or as the case may be a person acting on behalf of a client in accordance with regulation 6, and any work reasonably and necessarily following on from any such meeting to include any further work which for the purpose of the provision of advice and assistance relates to a matter, or a range of matters, which are not distinct; and\n“distinct matter”, in relation to advice and assistance concerning civil matters only, shall be construed in accordance with regulation 8A(2);\n“employment tribunal” means a tribunal established under section 1 of the 1996 Act;\n“Grenfell Tower payment” means any payment made to a person by way of compensation, damages or legal expenses in connection with the Grenfell Tower fire of 14 June 2017, including under any settlement arrived at to prevent or bring legal proceedings to an end,\n“human trafficking or exploitation victim payment” means any payment made by way of support or assistance provided under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under regulations made under section 10 of that Act, or any payment made by way of support provided under a Modern Slavery Victim Care Contract,\n“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);\n“Infected Blood Compensation Scheme” means the scheme made by the Secretary of State or the Minister for the Cabinet Office in exercise of powers conferred by section 49 of the Victims and Prisoners Act 2024,\n“legal representative” means a judicial factor or a person authorised to act on an adult’s behalf under the Adults With Incapacity (Scotland) Act 2000 ;\n“miscarriage of justice payment” means any payment made by the Secretary of State, the Scottish Ministers or the Department of Justice (Northern Ireland) for the purpose of compensating a person for a miscarriage of justice,\n“redress scheme” has the meaning given in section 2 of the 2021 Act;\n“relevant payment” means any payment described in section 42(2) (deduction of previous payment from redress payment) read with section 42(3) and (7) as adjusted in accordance with sections 42(5) and 43 of the 2021 Act;\n“safeguarder” means a safeguarder appointed to a child under section 30 or 31 of the 2011 Act\n“Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;\n“Scottish Infected Blood Support Scheme” means the scheme of that name made by the Scottish Ministers in exercise of powers conferred by section 28 of the Smoking, Health and Social Care (Scotland) Act 2005;\n“social fund winter fuel payment” means the winter fuel payment paid by virtue of the Social Fund Winter Fuel Payment Regulations 2000;\n“Welfare Fund payment” means any payment made by a local authority in exercise of the power in section 20 of the Local Government in Scotland Act 2003 and using funds provided by the Scottish Ministers from the Scottish Welfare Fund, where the payment is—\n(a)a crisis payment made for the purpose of meeting an immediate short term need; or\n(b)made for the purpose of meeting a need for community care.\n“Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020;\n“Windrush connected payment” means a payment where—\n(a)an individual has made a claim under the Windrush Compensation Scheme;\n(b)a request included in that claim has been referred by the Home Office to another person; and\n(c)the payment is made to the individual by that other person as a result of that referral.\n(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations and any reference to a numbered Schedule is to a Schedule to these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2(1) inserted (15.1.2001) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/399), regs. 1(1), 3(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 2(1) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 2(1) inserted (26.11.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/333), regs. 1, 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 2(1) inserted (23.1.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/11), regs. 1, 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 2(1) inserted (21.9.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 5(2)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 2(1) substituted (21.9.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 5(2)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 2(1) inserted (1.6.2026) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/117), regs. 1, 4(2)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 2(1) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023 (S.S.I. 2023/258), regs. 1, 4(2) (with reg. 9)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in reg. 2(1) omitted (15.3.2026) by virtue of The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), reg. 1(2), sch. 1 para. 5(2) (with reg. 5(1))"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 2(1) substituted (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 5(2)(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 2(1) inserted (15.1.2001) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2000 (S.S.I. 2000/399), regs. 1(1), 3(b)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 2 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(2)(a)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 2(1) inserted (1.5.2007) by The Advice and Assistance (Scotland) Amendment Regulations 2007 (S.S.I. 2007/60), regs. 1(2), 4 (with reg. 2)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 2(1) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 4(2)(a)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 2 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008 (S.I. 2008/1879), regs. 1(1), 35(2)(b)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 2(1) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 4(2)(b)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in reg. 2(1) inserted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 4 (with reg. 2)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in reg. 2(1) inserted (11.6.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 3) Regulations 2013 (S.S.I. 2013/142), regs. 1, 4(2)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in reg. 2(1) inserted (12.10.2024) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/216), regs. 1, 4(2)(c)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in reg. 2(1) inserted (26.11.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/333), regs. 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in reg. 2(1) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(2)(c)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in reg. 2(1) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in reg. 2(1) inserted (23.1.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/11), regs. 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in reg. 2(1) inserted (5.2.2021) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/424), regs. 1(2), 2(2)(b)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1992 c.4."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2447/regulation/2",
    "retrieved_at": "2026-11-09T03:30:57.921163+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}