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The Civil Legal Aid (Scotland) Amendment Regulations 2007

S.S.I. 2007/59 · Made 8 February 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 8th February 2007

Laid before the Scottish Parliament 9th February 2007

Coming into force 9th April 2007

The Scottish Ministers, in exercise of the powers conferred by sections 17(2B), 36(1) and (2)(g) and 42 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 17(2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 74 and Schedule 8, paragraph 36(6). 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. 2Application
  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 Regulations 2007 and shall come into force on 9th April 2007.

2Application

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 9th April 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 33–

(a)

in paragraph (a), at the end, insert–

“(xii)

by way of state pension credit under the State Pension Credit Act 2002f1.”; and

(b)

in paragraph (b), for “£4,653” substitute “£4,821”f2.

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

In Schedule 2, at the end of paragraph 5, insert–

“;

(e)

state pension credit (payable under the State Pension Credit Act 2002).”.

Signature

JOHANN M LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th February 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–

(a)

the rules concerning the assessment of applicants' resources in relation to the computing of disposable income are amended to provide that state pension credit payable under the State Pension Credit Act 2002 shall be disregarded (regulation 5);

(b)

the rule which requires the amount of the net liability of the Scottish Legal Aid Fund in any case to be paid out of any property recovered or preserved shall not apply in respect of money payable by way of state pension credits (regulation 4); and

(c)

the requirement on a person in receipt of civil legal aid to pay the amount of any net liability of the Scottish Legal Aid Fund shall not apply to the first £4,821 recovered or preserved by virtue of certain family proceedings (the sum is increased from £4,653) (regulation 4).

The Regulations apply only in relation to any case where an application for civil legal aid is made on or after 9th April 2007 (regulation 2).