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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1987.

The regulations–

(a)

substitute new definitions relating to solicitors who have a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council and revoke regulation 3 of the Civil Legal Aid (Scotland) Amendment Regulations 1993 (S.I. 1993/535) which inserted defective definitions relating to such solicitors (regulations 3 and 9 and the Schedule);

(b)

provide that a form of intimation for each opponent separate from the copy statement of case for that opponent is to accompany an application for civil legal aid (regulation 4);

(c)

substitute a revised provision in relation to the availability of civil legal aid for work undertaken in a matter of special urgency prior to the determination of an application which takes account of new rules of procedure in the Sheriff Court introduced by the Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 (S.I. 1993/1956) and makes consequential revocations (regulations 6 and 9 and the Schedule);

(d)

provide that the Board may suspend the availability of civil legal aid where it requires to consider whether information which it has received regarding a failure to supply information or the giving of false information merits termination of legal aid (regulation 7);

(e)

provide that the prior right to payment of fees and outlays from property recovered or preserved does not apply to child support maintenance under the Child Support Act 1991 (regulation 8); and

(f)

revoke regulation 10A of the principal Regulations which made provision in relation to disposable income and capital limits in the case of personal injury claims and make consequential amendment (regulations 5 and 9 and the Schedule).