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The Civil Legal Aid (Scotland) Amendment Regulations 2002

S.S.I. 2002/88 · Made 5 March 2002

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 5th March 2002

Laid before the Scottish Parliament 6th March 2002

Coming into force 1st April 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1), (2)(h) and (3)(bb) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 19. 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. 2Amendment of the Civil Legal Aid (Scotland) Regulations 1996
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.

2Amendment of the Civil Legal Aid (Scotland) Regulations 1996

At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 1996f1 there is inserted–

“(h)

an application is made to the sheriff under section 53(1) of the 2000 Act for an intervention order;

(i)

an application is made to the sheriff under section 57(1) of the 2000 Act for a guardianship order;

(j)

an application is made to the sheriff under section 71(1) of the 2000 Act for the replacement or removal of a guardian, or the recall or other termination of a guardianship order; and

(k)

an application is made to the sheriff under section 74(1) of the 2000 Act for variation of a guardianship order.”.

Signature

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1996 so as to add certain proceedings under Part 6 (intervention orders and guardianship orders) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) to the list of proceedings in regulation 14A of those Regulations (regulation 2). The availability of civil legal aid for those proceedings is based on the resources of the incapable adult, not the applicant, where the applicant is a person claiming or having an interest in the property, financial affairs or personal welfare of that adult.