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The Civil Legal Aid (Scotland) Regulations 1996

S.I. 1996/2444 · Made 19 September 1996

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, SCOTLAND

Made 19th September 1996

Laid before Parliament 23rd September 1996

Coming into force 7th October 1996

The Secretary of State, in exercise of the powers conferred on him by sections 17(2B), 19(4), 20(4), 36(1), (2)(a) and (c) to (h), (3)(e) and (f) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury to Part III and regulation 28, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47; subsection (2B) was inserted in section 17 by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 36(6).

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Revocations and savings
  5. 4Distinct proceedings for purposes of legal aid
  6. Part II: APPLICATIONS FOR LEGAL AID
  7. 5Form of application
  8. 6Applications on behalf of children
  9. 7Notification to opponent
  10. 8Right of opponent to make representations
  11. 9Attendance for interview and supply of information
  12. Part III: ASSESSMENT OF RESOURCES
  13. 10Determination of disposable income and disposable capital
  14. 11Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
  15. 12Deprivation or conversion of resources
  16. 13Assessment of disposable income, etc. in relation to appellate proceedings
  17. 14Assessment of resources, etc. of person making application in a representative, fiduciary or official capacity
  18. Part IV: DETERMINATION OF APPLICATIONS
  19. 15Applicant having joint interest, etc. with other persons
  20. 16Applicant having rights and facilities in relation to litigation
  21. 17Contributions
  22. 18Legal aid in matters of special urgency
  23. 19Notification of decision
  24. 20Application for review
  25. Part V: CONDUCT OF PROCEEDINGS
  26. 21Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure
  27. 22Execution of diligence
  28. Part VI: CHANGES OF CIRCUMSTANCES
  29. 23Duty to report changes of circumstances
  30. 24Duty to report abuse of legal aid
  31. 25Change of nominated solicitor
  32. 26Duty to report completion of proceedings
  33. 27Power of Board to modify or impose conditions
  34. 28Power of Board to amend determination
  35. 29Power of Board to suspend availability of legal aid
  36. 30Termination of legal aid on change of circumstances
  37. 31Termination of legal aid other than on change of circumstances
  38. 32Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.
  39. Part VII: EXPENSES
  40. 33Payments out of property recovered or preserved: exceptions
  41. 34Liability of assisted person where legal aid received in part of matter
  42. 35Liability of assisted person where legal aid ceases in part of matter
  43. 36Liability for expenses of assisted person acting in a fiduciary, representative or official capacity
  44. 37Unassisted party acting in a fiduciary, representative or official capacity
  45. 38Application for revision of award of expenses against assisted person
  46. 39Recovery of expenses
  47. 40Recovery of payments out of property recovered or preserved
  48. 41Interest on sums outstanding
  49. 42Payment to solicitor who acts before award of legal aid made
  50. Part VIII: PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS
  51. 43Appeals to the House of Lords
  52. 44Restrictive Practices Court
  53. 45Employment Appeal Tribunal
  54. 46Convention applications
  55. 47Applications under the European Judgments Convention
  56. Signature
  57. Schedule 1REGULATIONS REVOKED
  58. Schedule 2: RULES FOR COMPUTING DISPOSABLE INCOME
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. 6Paragraph 6
  65. 7Paragraph 7
  66. 8Paragraph 8
  67. 9Paragraph 9
  68. 10Paragraph 10
  69. 11Paragraph 11
  70. 12Paragraph 12
  71. 13Paragraph 13
  72. 14Paragraph 14
  73. 15Paragraph 15
  74. 16Paragraph 16
  75. Schedule 3: RULES FOR COMPUTING DISPOSABLE CAPITAL
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. 10Paragraph 10
  86. 11Paragraph 11
  87. 12Paragraph 12
  88. 13Paragraph 13
  89. 14Paragraph 14
  90. 15Paragraph 15
  91. 16Paragraph 16
  92. 17Paragraph 17
  93. Explanatory note