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The Civil Legal Aid (Scotland) Regulations 2002

S.S.I. 2002/494 · Made 6 November 2002 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 June 2026.

LEGAL AID AND ADVICE

Made 6th November 2002

Laid before the Scottish Parliament 7th November 2002

Coming into force 1st December 2002

The Scottish Ministers, in exercise of the powers conferred by sections 17(2B), 19(4), 20(4), 36(1), (2)(a) and (c) to (h), (3)(bb), (e) and (f) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Marginal citations

M1

1986 c.47; section 17(2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 36(6); section 37 was amended by S.I. 1999/1820, Schedule 2, paragraph 86(4); 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. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AManner of applications etc.
  5. 3Revocations and savings
  6. 4Distinct proceedings for purposes of legal aid
  7. Part II: APPLICATIONS FOR LEGAL AID
  8. 5Form of application
  9. 6Applications on behalf of children
  10. 7Notification to opponent
  11. 8Right of opponent to make representations
  12. 9Attendance for interview and supply of information
  13. Part III: ASSESSMENT OF RESOURCES
  14. 10Determination of disposable income and disposable capital
  15. 11Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
  16. 11AAssessment of child’s resources
  17. 12Deprivation or conversion of resources
  18. 13Assessment of disposable income, etc. in relation to appellate proceedings
  19. 13AAssessment of disposable income, etc. in relation to adults with incapacity applications
  20. 14Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity
  21. IVDETERMINATION OF APPLICATIONS
  22. 15Applicant having joint interest, etc. with other persons
  23. 16Applicant having rights and facilities in relation to litigation
  24. 17Contributions
  25. 18Legal aid in matters of special urgency
  26. 19Notification of decision
  27. 20Application for review
  28. Part V: CONDUCT OF PROCEEDINGS
  29. 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
  30. 22Execution of diligence
  31. Part VI: CHANGE OF CIRCUMSTANCES
  32. 23Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
  33. 23ADuty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
  34. 24Duty to report abuse of legal aid
  35. 25Change of nominated solicitor
  36. 26Duty to report
  37. 27Power of Board to modify or impose conditions
  38. 28Power of Board to amend determination
  39. 29Power of Board to suspend availability of legal aid
  40. 30Termination of legal aid on change of circumstances
  41. 31Termination of legal aid other than on change of circumstances
  42. 31ARight of Board to recover sums paid out of the Fund
  43. 32Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.
  44. Part VII: EXPENSES
  45. 33Payments out of property recovered or preserved: exceptions
  46. 34Liability of assisted person where legal aid received in part of matter
  47. 35Liability of assisted person where legal aid ceases in part of matter
  48. 36Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity
  49. 37Unassisted party acting in a fiduciary, representative or official capacity
  50. 38Application for revision of award of expenses against assisted person
  51. 39Recovery of expenses
  52. 40Recovery of payments out of property recovered or preserved
  53. 41Interest on sums outstanding
  54. 42Payment to solicitor who acts before award of legal aid made
  55. Part VIII: PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS
  56. 43Appeals to the Supreme Court
  57. 44Employment Appeal Tribunal
  58. 45Convention applications
  59. 46Applications under the European Judgments Convention
  60. 47Social Security Commissioners ...
  61. 48Cross-border disputes Repealed
  62. Signature
  63. Schedule 1REGULATIONS REVOKED
  64. Schedule 2: RULES FOR COMPUTING DISPOSABLE INCOME
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. 7Paragraph 7
  72. 8Paragraph 8
  73. 9Paragraph 9
  74. 10Paragraph 10
  75. 11Paragraph 11
  76. Paragraph
  77. 12Paragraph 12
  78. 13Paragraph 13
  79. Paragraph
  80. 14Paragraph 14
  81. 15Paragraph 15
  82. 16Paragraph 16
  83. Schedule 3: RULES FOR COMPUTING DISPOSABLE CAPITAL
  84. 1Paragraph 1
  85. Paragraph
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. 8Paragraph 8
  93. 9Paragraph 9
  94. 10Paragraph 10
  95. 11Paragraph 11
  96. 12Paragraph 12
  97. 13Paragraph 13
  98. 14Paragraph 14
  99. 15Paragraph 15
  100. 16Paragraph 16
  101. 17Paragraph 17
  102. Explanatory note