# The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996, Regulation 5: Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982 or the Hague Convention


(1) Sections 8, 11 and 12(3) of the Act shall be modified to the extent provided in paragraph (1A) in the case of an application for advice and assistance in relation to the recognition or enforcement of a judgment under —
(a) section 5 of the Civil Jurisdiction and Judgments Act 1982 by an applicant to whom paragraph (2) applies, or
(b) the Hague Convention by an applicant to whom paragraph (3) applies.
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) The modifications mentioned in paragraph (1) are that—
(a) section 8 shall be modified so as to provide that such advice and assistance shall be made available whether within or furth of Scotland without regard to the income or capital of an applicant to whom this regulation applies,
(b) section 11 shall be modified so as to provide that such applicant shall, irrespective of their disposable income, not require to pay any fees or outlays in respect of such advice and assistance, and
(c) section 12(3) shall be modified so as to provide that fees or outlays to which section 12 applies shall be paid to the solicitor in respect of such advice and assistance provided to such applicant–
(i) firstly, in priority to all other debts, out of any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the advice and assistance is provided, and
(ii) secondly, by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor.
(2) This paragraph applies to–
(a) an applicant who seeks advice and assistance in relation to the enforcement of a decision given by an administrative authority in Denmark or Iceland and who presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses; and
(b) an applicant who, in the State of origin of the judgment, has benefited from complete or partial legal aid or exemption from costs or expenses.
(3) This paragraph applies to—
(a) an applicant who is entitled to free legal assistance by virtue of Article 15(1) of the Hague Convention; and,
(b) an applicant who has, in a State bound by the Hague Convention, benefited from complete or partial legal aid or exemption from costs or expenses.

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Source: https://www.legislation.gov.uk/uksi/1996/2447/regulation/5 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-scotland-consolidation-and-amendment-regulations-1996/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.