Regulation 5 Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982 or the Hague ConventionF8
M1M2Sections 8, 11 and 12(3) of the Act shall be modified to the extent provided in F1paragraph (1A) in the case of an application for advice and assistance in relation to the recognition F2or enforcement of a judgment under F3—
section 5 of the Civil Jurisdiction and Judgments Act 1982 by an applicant to whom paragraph (2) applies, or
the Hague Convention by an applicant to whom paragraph (3) applies.
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The modifications mentioned in paragraph (1) are that—
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,
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
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–
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
secondly, by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor.
This F6paragraph applies to–
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
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.
This paragraph applies to—
an applicant who is entitled to free legal assistance by virtue of Article 15(1) of the Hague Convention; and,
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.
Annotations
Textual amendments
- F1
Words in reg. 5(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(3)(b)(i)
- F2
Word in reg. 5(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(3)(b)(ii)
- F3
Words in reg. 5(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(3)(b)(iii)
- F4
Reg. 5(1)(a)-(c) omitted (21.9.2023) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023 (S.S.I. 2023/178), regs. 1, 5(3)(b)(iv)
- F5
Reg. 5(1A) 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(3)(c)
- F6
Word in reg. 5(2) 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(3)(d)
- F7
Reg. 5(3) 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(3)(e)
- F8
Words in reg. 5 heading 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(3)(a)
Marginal citations
- M1
Sections 8 and 11 of the Legal Aid (Scotland) Act 1986 were amended by the Social Security Act 1986 (c.50), Schedule 10, paragraph 61.
- M2
1982 c.27; section 5 was amended by the Civil Jurisdiction and Judgments Act 1991 (c.12), Schedule 2, paragraph 2.