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The Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991

S.I. 1991/1096 · Made 26 April 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE, SCOTLAND

Made 26th April 1991

Coming into force 30th April 1991

The Secretary of State, in exercise of the powers conferred on him by sections 9(2)(e), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has, in accordance with section 37(2) of that Act, been laid before Parliament and approved by a resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6.

Contents

  1. 1Citation and commencement
  2. 2Amendment of financial limit
  3. 3Amendment of financial limit
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991 and shall come into force on 30th April 1991.

2Amendment of financial limit

In section 10(2) of the Legal Aid (Scotland) Act 1986f1, there is substituted, in place of the sum of £60 therein specified (being the sum applicable to those cases not defined as a class in terms of regulation 2(2) of the Advice and Assistance (Scotland) (Prospective Cost) (No.3.) Regulations 1988f2, the sum of £80.

3Amendment of financial limit

In regulation 2(b)(ii) of the Advice and Assistance (Scotland) (Prospective Cost) (No.3.) Regualtions 1988, for the figure “£60” there shall be substituted the figure “£80”.

4Revocation

Without prejudice to their continuing in effect for the purposes of advice and assistance commenced prior to the coming into force of these Regulations, the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1988f1 are hereby revoked.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

26th April 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations increase from £60 to £80 the cost of certain legal advice and assistance (including assistance by way of representation) under the Legal Aid (Scotland) Act 1986 which a solicitor may grant without obtaining the prior approval of the Scottish Legal Aid Board.

This limit applies to all legal advice and assistance other than that defined in the Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988.