The Civil Legal Aid (Scotland) Amendment Regulations 2007
S.S.I. 2007/59 · Made 8 February 2007
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
- 1Citation and commencement
- 2Application
- 3Amendment of the Civil Legal Aid (Scotland) Regulations 2002
- 4Amendment of the Civil Legal Aid (Scotland) Regulations 2002
- 5Amendment of the Civil Legal Aid (Scotland) Regulations 2002
- Signature
- 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
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:–
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);
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
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).