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The Civil Legal Aid (Scotland) Amendment Regulations 2010

S.S.I. 2010/461 · Made 17 December 2010

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 17th December 2010

Laid before the Scottish Parliament 21st December 2010

Coming into force 31st January 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 42 of the Legal Aid (Scotland) Act 1986f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1986 c.47. 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. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2010 and come into force on 31st January 2011.

2Application

Regulation 3 applies only in relation to applications for civil legal aid received by the Scottish Legal Aid Board on or after 31st January 2011.

3Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In the Civil Legal Aid (Scotland) Regulations 2002f1—

(a)

in regulation 2(1) (interpretation), in the definition of “child”, after “years”, insert “, except in regulation 11A”; and

(b)

after regulation 11, insert—

“Assessment of child’s resources

11A.
(1)

Subject to paragraph (3), for the purposes of determining the disposable income and disposable capital of a child, the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985f2 are to be treated as part of the child’s own resources.

(2)

In paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3)

Paragraph (1) does not apply if its application in the particular circumstances would be unjust or inequitable.”.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th December 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 to require the resources of any person who owes an obligation of aliment to a child to be taken into account when assessing the child’s financial eligibility for civil legal aid. The requirement is not to apply where its application would produce an unjust or inequitable result in the circumstances.