The Civil Legal Aid (Scotland) Regulations 2002
S.S.I. 2002/494 · Made 6 November 2002 · Extends to Scotland
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
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- 2AManner of applications etc.
- 3Revocations and savings
- 4Distinct proceedings for purposes of legal aid
- Part II: APPLICATIONS FOR LEGAL AID
- 5Form of application
- 6Applications on behalf of children
- 7Notification to opponent
- 8Right of opponent to make representations
- 9Attendance for interview and supply of information
- Part III: ASSESSMENT OF RESOURCES
- 10Determination of disposable income and disposable capital
- 11Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
- 11AAssessment of child’s resources
- 12Deprivation or conversion of resources
- 13Assessment of disposable income, etc. in relation to appellate proceedings
- 13AAssessment of disposable income, etc. in relation to adults with incapacity applications
- 14Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity
- IVDETERMINATION OF APPLICATIONS
- 15Applicant having joint interest, etc. with other persons
- 16Applicant having rights and facilities in relation to litigation
- 17Contributions
- 18Legal aid in matters of special urgency
- 19Notification of decision
- 20Application for review
- Part V: CONDUCT OF PROCEEDINGS
- 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
- 22Execution of diligence
- Part VI: CHANGE OF CIRCUMSTANCES
- 23Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
- 23ADuty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
- 24Duty to report abuse of legal aid
- 25Change of nominated solicitor
- 26Duty to report
- 27Power of Board to modify or impose conditions
- 28Power of Board to amend determination
- 29Power of Board to suspend availability of legal aid
- 30Termination of legal aid on change of circumstances
- 31Termination of legal aid other than on change of circumstances
- 31ARight of Board to recover sums paid out of the Fund
- 32Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.
- Part VII: EXPENSES
- 33Payments out of property recovered or preserved: exceptions
- 34Liability of assisted person where legal aid received in part of matter
- 35Liability of assisted person where legal aid ceases in part of matter
- 36Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity
- 37Unassisted party acting in a fiduciary, representative or official capacity
- 38Application for revision of award of expenses against assisted person
- 39Recovery of expenses
- 40Recovery of payments out of property recovered or preserved
- 41Interest on sums outstanding
- 42Payment to solicitor who acts before award of legal aid made
- Part VIII: PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS
- 43Appeals to the Supreme Court
- 44Employment Appeal Tribunal
- 45Convention applications
- 46Applications under the European Judgments Convention
- 47Social Security Commissioners ...
- 48Cross-border disputes Repealed
- Signature
- Schedule 1REGULATIONS REVOKED
- Schedule 2: RULES FOR COMPUTING DISPOSABLE INCOME
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Paragraph
- 12Paragraph 12
- 13Paragraph 13
- Paragraph
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 3: RULES FOR COMPUTING DISPOSABLE CAPITAL
- 1Paragraph 1
- Paragraph
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Explanatory note