{
  "url": "https://openlegislation.uk/civil-legal-aid-scotland-amendment-no2-regulations-1988/note",
  "json_url": "https://openlegislation.uk/civil-legal-aid-scotland-amendment-no2-regulations-1988/note.json",
  "legislation": "uksi/1988/1171",
  "legislation_title": "The Civil Legal Aid (Scotland) Amendment (No.2) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-scotland-amendment-no2-regulations-1988",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the provisions of the Civil Legal Aid (Scotland) Regulations 1987 in the following respects.\nThey provide that—\n(a) legal aid applications are in all cases signed by a specified person (regulation 4);\n(b) non UK applicants are treated in the same way as UK applicants in respect of disposable income and disposable capital (regulation 4);\n(c) the Board, not the solicitor for the applicant, takes certain steps in notification (regulation 5);\n(d) in relation to any proceedings, legal aid may be made available in relation to further specified steps (regulation 6);\n(e) suspension of legal aid is available to the Board in specified circumstances, and that notification thereof shall be given by the Board (regulations 7 and 10);\n(f) diligence may only be carried out without the prior approval of the Board if done within twelve months of the date of the decree or order giving rise to the diligence (regulation 8);\n(g) the time limit governing the duty to report the completion of proceedings is extended to avoid unnecessary administration (regulation 9);\n(h) termination of legal aid in certain specified cases no longer leads to consequential financial penalty (regulation 11);\n(i) account is taken of housing benefit under the Social Security Act 1986 (regulation 12);\n(j) the Board may by internal set off account for sums due to the Board but paid to the assisted person’s solicitor (regulation 13);\n(k) certain amendments are made relative to extension of the Board’s right to security over heritable property in certain circumstances (regulation 14); and\n(l) the Board may no longer impose interest on an assisted person’s unpaid contribution (regulation 15).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1171/note",
    "retrieved_at": "2026-10-29T16:04:03.110017+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}