OpenLegislation

Regulation 2 Amendment of financial limit

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In section 10(2) of the Legal Aid (Scotland) Act 1986 f1, in the classes of case defined in paragraph (2) below, there is substituted, in place of the sum of £60 therein specified, the sum of £150.

(2)

The £150 specified above shall be the financial limit up to which a solicitor may, without the prior consent of the Board, continue to provide —

(a)

assistance by way of representation when a second or subsequent diet has been ordered by the court, or

(b)

advice and assistance, provided he is satisfied that —

(i)

the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court;

(ii)

the cost of preparation of and making an application for civil legal aid will exceed the limit of £60 specified

(iii)

it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid; and

(iv)

it is reasonable in the circumstances of the case.

Annotations

Footnotes

f1

Section 10(2) was amended by S.I. 1988/1389