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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 1996.

The Regulations–

(a)

make provision for legal aid to be made available for urgent work in relation to applications for a parental responsibilities order under section 86 of the Children (Scotland) Act 1995 (regulation 3);

(b)

make provision for an opponent to draw certain matters to the attention of the Board which may affect the assisted person’s continued entitlement to legal aid (regulation 4);

(c)

provide that the requirement to refund the Scottish Legal Aid Fund out of any property recovered or preserved does not apply to money payable as a back to work bonus, any payments under the Community Care (Direct Payments) Act 1996 (“the 1996 Act”) or under section 12B of the Social Work (Scotland) Act 1968 (“the 1968 Act”) or any payment under the Earnings Top-up Scheme (regulation 5);

(d)

provide that any back to work bonus and any payment under the 1996 Act and the 1968 Act should be disregarded in the computation of a person’s income (regulation 6);

(e)

provide that in computing the capital of a person where that person is in receipt of an income-based jobseekers allowance there shall be disregarded any amount exceeding the specified disposable capital limit (regulation 7(a));

(f)

provide that any back to work bonus and any payment under the 1996 Act and the 1968 Act should be disregarded in the computation of a person’s capital (regulation 7(b) and (c)).

By virtue of regulation 2 the Regulations apply only in relation to any case where an application for legal aid is made to the Scottish Legal Aid Board on or after 1st April 1997.