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The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2007

S.S.I. 2007/425 · Made 13 September 2007

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

Made 13th September 2007

Laid before the Scottish Parliament 13th September 2007

Coming into force 5th October 2007

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 36(1), (2) and (3) of the Legal Aid (Scotland) Act 1986f1 and all other powers enabling them to do so:

Annotations to the whole text

Footnotes

f1

1986 c. 47. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  4. 4Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  5. 5Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2007 and shall come into force on 5th October 2007.

2Citation and commencement

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2007.

3Amendment of the Civil Legal Aid (Scotland) Regulations 2002

The Civil Legal Aid (Scotland) Regulations 2002f1 are amended in accordance with the following Regulations.

4Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In regulation 13A(1)–

(a)

for “other than the adult to whom the application relates, for” substitute “(including, in the case of applications for orders defined in paragraphs (a) to (e) below, or applications opposing such orders, the adult to whom the application relates), for, or an application opposing”;

(b)

after “53(1) of the 2000 Act” delete “or”; and

(c)

after “57(1) of the 2000 Act” insert–

“(c)

a renewal of a guardianship order under section 60(1) of the 2000 Act;

(d)

a joint guardianship order under section 62(1) of the 2000 Act; or

(e)

a substitute guardianship order under section 63(1) of the 2000 Act,”.

5Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In regulation 14(4) after paragraph (l) insert–

“(ll)

an application, other than one to which regulation 13A applies, for a renewal of guardianship order under section 60(1) of the 2000 Act, for a joint guardianship order under section 62(1) of the 2000 Act, or for a substitute guardianship order under section 63(1) of the 2000 Act;”.

Signature

KENNY MACASKILL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th September 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 to provide for legal aid subject to modified means tests in respect of various guardianship order applications made under the Adults with Incapacity(Scotland) Act 2000.